Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk
Jonathan Mollod and Ryan P. Blaney of Proskauer write:
Washington Governor Jay Inslee signed multiple healthcare privacy-related bills, including the enactment of Washington’s “My Health My Data Act” (House Bill 1155) (or the “Act” or MHMDA”), which bolsters privacy protections around the collecting, sharing and selling of “consumer health data.” In brief, the MHMDA: (1) establishes consumer rights with regard to consumer health data and defines obligations of regulated entities and businesses that collect, process, share, and sell consumer health data, subject to certain exceptions; (2) prohibits selling consumer health data without the requisite consent; (3) prohibits implementing a geofence around entities that provide in-person health care services if the geofence is used for certain purposes, including to identify or track consumers seeking healthcare services; (4) gives not only the state attorney general enforcement power, but grants consumers a private right of action to bring suit under the state’s Consumer Protection Act for violations of the MHMDA. While the ban on geofencing comes into force in July 2023, the other provisions of the Act will not become effective until March 31, 2024 (or June 30, 2024 for “small businesses”).
The MHMDA is a big deal.
Read more at Proskauer on Privacy.
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