Consumer Privacy Laws and Healthcare Entities: Regulatory Updates, Covered Entities, Scope of HIPAA Exemptions | Epstein Becker Green

Audrey Davis, Associate, co-presents “Consumer Privacy Laws and Healthcare Entities: Regulatory Updates, Covered Entities, Scope of HIPAA Exemptions,” a webinar hosted by Strafford.

This CLE webinar will guide healthcare practitioners through the rapidly evolving landscape of state consumer privacy laws and their impact on healthcare entities–whether the entities are regulated under HIPAA or not. The panel will provide an overview of the laws, including similarities, key differences, how and when HIPAA exemptions may apply, and best practices for compliance.

Description

With five states already having enacted consumer privacy laws, at least eight additional states with consumer privacy laws soon to be enacted, and additional states considering consumer privacy legislation, healthcare companies and counsel should be aware of how these laws will affect their businesses and the management of collected consumer data–whether they are regulated by HIPAA or not.

The laws have varying threshold requirements determining coverage. Most of the current and prospective state privacy laws have exemptions for HIPAA-covered entities and their business associates; however, several do not. For example, the Colorado Privacy Act does not expressly provide an entity-level exemption for HIPAA-regulated companies. Rather, like the California Consumer Privacy Act, it provides a data-based exemption only for certain HIPAA-regulated data. Therefore, counsel for HIPAA-regulated entities should understand where and under what circumstances the HIPAA exemptions may apply.

Healthcare entities that may not be regulated under HIPAA, such as pharmaceutical manufacturers, medical device companies, and consumer-directed digital health companies, are not exempted under these laws. And the growing number of laws makes compliance more complex for multistate companies. While many of the laws have important similarities, they also have notable variations. Counsel must be able to navigate this expansive area of regulation.

Listen as our expert panel guides practitioners through the maze of current and upcoming consumer privacy laws and their impact on healthcare entities. The panel will review similarities between the laws, address variations, clarify who and what information qualifies for exemptions, and provide best practices for compliance.

Outline

1. Introduction: increase of consumer privacy regulation generally
2. Overview of current state consumer privacy laws and impact on healthcare entities (CA, VA, CO, CT, and UT)

   1. HIPAA-regulated entities and business associates: scope of exemptions
   2. Non-HIPAA-regulated entities

3. Overview of upcoming state consumer privacy laws and impact on healthcare entities (FL, TX, OR, MT, DE, IA, IN, and TN)

   1. HIPAA-regulated entities and business associates: scope of exemptions
   2. Non-HIPAA-regulated entities

4. Best practices for compliance

Benefits

The panel will review these and other important considerations:

• How are healthcare entities impacted by the current and soon to be enacted consumer privacy laws?
• What exemptions are allowed for HIPAA-regulated entities and their business associates?
• What laws allow only for certain data exemptions as opposed to exemptions for HIPAA-regulated entities?
• Under what circumstances may a HIPAA-regulated entity subject to a HIPAA exemption become non-exempt based on its use of consumer information?
• What are best practices for compliance, especially for multistate healthcare entities?

For more information, visit StraffordPub.com.