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 - Navigating State Regulations (Part Three).” (Read the full version – subscription required.)
Following is an excerpt:
In part one of this series, Alaap Shah, Lisa Pierce Reisz, and Avery Schumacher 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 and enforcement of relevant laws and regulations. In part two, they delved into the intricate and varied state health data privacy laws across the US. In part three, they look at state privacy laws relating to reproductive health and to children.
State privacy laws related to gender-affirming care and reproductive health
In the wake of the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which overruled Roe v. Wade, many states have enacted or amended laws to specifically protect reproductive or sexual health information. A number of these states added additional protections for information related to gender-affirming care at the same time.
As in each of the privacy areas discussed, the states take different approaches to protecting this sensitive information. As previewed in the consumer health data privacy laws section of this article series, some states, including California, Washington, Nevada, Connecticut, and Maryland, protect information related to reproductive or sexual health care and gender-affirming care through their medical privacy or consumer health data laws, by defining protected data to include such information.
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