Manatt Health June 22, 2022
The wave of new state legislation limiting abortion access has raised concerns about the privacy and security of reproductive health data not subject to the Health Insurance Portability and Accountability Act (HIPAA). Some providers are not subject to HIPAA, and consumer-facing health applications (health apps), unless they are contractors of a provider or a health plan, also are not subject to HIPAA. Determining whether HIPAA applies to health care data collected by health apps can be complicated.1
Regardless of whether HIPAA applies, some states have laws and regulations that may regulate health data held by health apps. California has been particularly active in enforcing these regulations.
In 2020, the California Department of Justice (AG) secured a landmark settlement with Glow...
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