Alaap B. Shah, Lisa Pierce Reisz, and Avery Schumacher, attorneys in the Health Care & Life Sciences practice, in the firm’s Washington, DC, and Columbus offices, co-authored an article in OneTrust DataGuidance, titled “USA: Health Data Laws - Update and Impact on Organizations.” (Read the full version – subscription required.)
Following is an excerpt:
In part one of this series, Alaap Shah, Lisa Pierce Reisz, and Avery Shumacher from Epstein Becker & Green, P.C., explored the evolving federal legal landscape governing health data in the U.S., focusing on the regulatory agencies responsible for oversight enforcement of relevant laws and regulations. In part two, they delve into the intricate varied state health data privacy laws across the US.
Organizations handling health data must comply with state and federal laws and regulations governing data privacy. Federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA), the Genetic Information Nondiscrimination Act (GINA), and the Children's Online Privacy Protection Act (COPPA), set a baseline for data protection, but many state laws impose more restrictive or specific requirements. While federal laws preempt state laws when the federal provisions are more restrictive, where state laws offer stronger protections, they supplement federal regulations, creating an additional layer of compliance considerations. Organizations must carefully navigate both sets of laws and regulations to ensure full compliance.
State privacy laws addressing health data and medical information vary widely, creating a complex legal landscape for organizations that handle sensitive information. In addition to medical privacy laws, states are enacting protections for consumer health data and genetic data and restricting the offshoring of sensitive information. Accordingly, organizations operating in multiple jurisdictions must carefully navigate each state's unique requirements, which can be challenging and require diligent legal review.
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