Lexology April 1, 2024
Risks surrounding the collection, use, and disclosure of health data go beyond HIPAA, and this could not have been more evident at the 41st HIPAA Summit, where many speakers, including myself, spoke of concerns resulting from the Federal Trade Commission’s authority under Section 5 and the Health Breach Notification Rule (HBNR), Washington’s My Health My Data Act (MHMDA), and future enforcement of health data as sensitive personal data under the avalanche of comprehensive state privacy laws. You can find my prior analysis of how to identify how these regulations might apply to their use of health data here. However, during Director Melanie Fontes Rainer’s OCR presentation, she specifically indicated that OCR would prioritize enforcement concerning hacking, ransomware, its right of...
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