FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

Lexology July 2, 2024
Venable LLP

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule will become effective on July 29, 2024. The HBNR applies to vendors of personal health records (PHRs) and PHR-related entities that are not covered by the Health Insurance Portability and Accountability Act (HIPAA). The rule generally requires notification to individuals, the FTC, and, in certain cases, the media upon a breach of unsecured PHR identifiable health information.

The final rule follows recent FTC enforcement actions, including GoodRX, that addressed the use of digital advertising and analytics functionalities in the health space. The final rule will broaden,...

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