On January 13, 2025, California Attorney General (“AG”) Rob Bonta issued an advisory describing providers’ and businesses’ obligations related to the development, sale, and use of artificial intelligence (“AI”) and automated decision systems (“ADS”) in the healthcare industry (“Advisory”). The Advisory puts healthcare providers, insurers, and businesses serving the healthcare industry on notice of the […]
Health Privacy
California Joins the Neural Data Bandwagon
On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data. SB1223, which is likely to become law, defines “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from […]
New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations
In May 2024, the New York State Department of Health (“NYSDOH”) issued revisions to proposed regulations on hospital cybersecurity that it first released in November 2023. The proposed revised regulations are subject to public comment ending on July 1, 2024, and would apply to general hospitals licensed under Article 28 of the NYS Public Health […]
More Guidance from HHS on Online Tracking Technologies but Questions Remain
Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]
Washington AG’s Office Updates FAQs for My Health My Data Act
The Office of the Attorney General of Washington (the “AG”) has updated the Frequently Asked Questions (the “FAQs”) for the Washington My Health My Data Act (the “Act” or “Washington Act”) to provide guidance on the AG’s position concerning whether businesses must publish standalone consumer health data privacy policies under the Act. The update, first […]