Data Privacy

CHC & 4A’s Member-Exclusive HIPAA Guidance

CHC & 4A’s Member-Exclusive Guidance

Crafted jointly by the CHC and 4A’s, this first-of-its-kind industry guidance – Navigating the Health Data Privacy Landscape: A Guide for Agencies – is designed to help partner healthcare agencies and communications companies better understand health data privacy compliance given the new wave of laws and regulations cropping up around health data. It provides an overview of the state-level laws, recent federal regulatory changes and enforcement actions, best practices for agencies, and counsel around HIPAA compliance including HIPAA-compliance software vendors and certification.

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Background

The healthcare and data privacy landscape in the United States has been changing dramatically in recent years driven by various developments, key among them the Supreme Court’s decision in Dobbs v. Jackson. The absence of a comprehensive federal-level privacy law in the U.S and the growing patchwork of omnibus state privacy laws and consumer health data privacy laws has created a shifting regulatory paradigm that agencies must prudently navigate.

Complicating this area further is:

  • The growing state and federal interest in regulating the commercial use of HIPAA-adjacent data;
  • An FTC crackdown on companies that unlawfully collect or share customers’ health data for advertising purposes, including geolocation data; and
  • Increasing federal scrutiny over the use of online tracking technologies by HIPAA-covered entities.

Healthcare agencies and marketers are tasked with the challenge of keeping up with changing laws and regulations and ensuring adherence to best practices around compliance for themselves and their clients. The growing digitization of all things healthcare-related and the burgeoning wellness marketplace that seems to be running on a parallel track to traditional categorizations of healthcare means there has never been a more judicious time to develop and implement a forward-looking, organization-wide compliance strategy for lawfully and ethically using consumer health data.

CHC & 4A’s Member-Exclusive Guidance

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If you have difficulties downloading the guidance, have questions or would like more information about CHC’s health data privacy resources, please contact Jim Potter, CHC Executive Director at jpotter@cohealthcom.org.