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:
The prevalence of digital health services in the US has grown dramatically in recent years, prompted by factors such as the COVID-19 pandemic along with technological advancements in cloud computing, mobile applications, wearable devices, artificial intelligence (AI), and medical research. As the healthcare ecosystem rapidly digitizes health data to fuel these technological advancements, lawmakers and regulators seek to address evolving privacy and security challenges.
In this Insight article, Alaap Shah, Lisa Pierce Reisz, and Avery Schumacher, from Epstein Becker & Green, P.C., explore the evolving federal legal landscape governing health data in the US through the lens of the regulatory agencies responsible for oversight and enforcement of the relevant laws and regulations. The article also describes related implications for organizations whose activities involve the collection, use, or disclosure of health information. A separate article examining state laws and legislation is forthcoming.
Federal Trade Commission
The Federal Trade Commission (FTC) has been a chief federal agency protecting consumers' privacy interests as technology rapidly changes and raises new privacy challenges. The FTC's overall enforcement approach has been to use law enforcement, policy initiatives, and consumer and business education to protect consumers' personal information.
Health Breach Notification Rule
In addition to its broad authority under Section 5 of the Federal Trade Commission Act (the FTC Act) with respect to unfair and deceptive trade practices, the Health Breach Notification Rule (HBNR) is the key authority the FTC leverages to enforce in the context of health data. …
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