In the two years since the Dobbs v. Jackson Women’s Health decision from the Supreme Court, state legislatures and courts have attempted to define the new post-Roe landscape in health care. That effort includes actions by states to enact health data privacy laws or to amend existing privacy laws to protect consumer health data that may not be covered by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.

These new and revised laws, with various effective dates, present novel considerations and compliance challenges for businesses that collect, use, and disclose consumer health data. We put together this alert to walk through some of those considerations including what types of information and businesses are covered by the laws. Additionally, Reed Smith’s San Francisco office will be hosting a comprehensive hybrid-CLE event on April 10 on recent legislation from Washington state and California as well as what to expect going forward with regard to health data privacy.

Reed Smith will continue to follow developments in health care privacy laws. If you have any questions, please reach out to the authors or to the health care lawyers at Reed Smith.