JD Supra February 25, 2022
On February 9, 2022, US Senators Bill Cassidy, M.D. (R-LA) and Tammy Baldwin (D-WI) introduced bipartisan legislation designed to modernize health privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and account for emerging healthcare technologies not addressed by existing law.
First enacted over 25 years ago, HIPAA focuses on protecting interactions between patients and their providers, health plans, and healthcare clearinghouses, but does not regulate many digital health companies that collect health information directly from consumers. HIPAA also does not expressly reference mobile apps and other new healthcare technologies, but the Department of Health and Human Services Office for Civil Rights (OCR) has sought to address emerging technologies through interpretive guidance. The Health Data Use...
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