New State Health Privacy Laws—Moving Beyond HIPAA and Recasting Consumer Health Data Rights?
Lexology April 1, 2024
New, first-of-their-kind consumer health data privacy laws in Washington and Nevada are designed to provide state-level protections for personal health data not covered by the Health Insurance Portability and Accountability Act (“HIPAA”) and set the stage for potential increased litigation and enforcement.
Effective March 31, 2024, the laws impose requirements relating to a new category of consumer health data (“CHD”), create consumer rights/protections, and potentially introduce increased privacy enforcement and litigation.
Regulated Entities and Data
- Both laws apply to entities, and data processors acting on their behalf, that conduct business or provide products/services to consumers in the state and, alone or jointly, determine the purpose and means of handling CHD. Washington’s law also applies to “small businesses” that meet...