Impact of State Privacy Laws on Healthcare Data Privacy
Lexology February 6, 2024
When New Jersey enacted the New Jersey Data Privacy Act in January 2024, it became the fourteenth state to pass comprehensive data privacy legislation. The passage of this law came on the heels of an unprecedented 2023, in which eight other states passed similar measures.[1] While these laws address consumer data generally, healthcare organizations are not immune from the novel compliance challenges they pose.
Healthcare organizations are familiar with navigating federal laws like the Health Insurance Portability and Accountability Act (“HIPAA”) and the Federal Trade Commission Act’s Health Breach Notification Rule (“HBNR”). These laws apply nationwide, meaning a single compliance approach is feasible. The increasingly complex state data privacy law landscape, however, warrants a more nuanced compliance strategy.
Assessing the...