decisionhealth Newsletters, Part B News - 2023 Issue 6 (June)
New health app rule would better protect users – and so can you
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Article Overview
This article explains a proposed Federal Trade Commission update to the Health Breach Notification Rule and how it could affect consumer health apps, wearable devices, and other direct-to-consumer health technologies. It is aimed at health care providers, privacy/compliance professionals, and patients who use third-party health apps. The article also discusses the difference between HIPAA-covered information and data handled by consumer apps, along with general provider diligence considerations when recommending or contracting with app vendors.
Why This Topic Matters
The topic matters because consumer health apps often operate outside HIPAA, yet they may still handle sensitive health data and face breach-notification obligations under FTC rules. Providers and compliance teams need to understand the privacy boundary between app-based services and HIPAA-covered workflows.
Article Sections
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Health IT overview
Introduces the proposed FTC update and frames why consumer health app privacy is receiving renewed attention. It also contrasts the general privacy context for consumer apps with HIPAA-covered settings.
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Pop-up breach notice?
Describes the types of notification changes the FTC is considering and the broader circumstances the proposal addresses. This section also summarizes the enforcement context surrounding consumer health data breaches.
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Notes for providers
Discusses practical considerations for clinicians and organizations that suggest, recommend, or contract for health apps. It focuses on general diligence, vendor relationships, and how HIPAA obligations may differ depending on the arrangement.
What You Will Learn
- How the proposed FTC health app rule relates to consumer health data privacy
- Which kinds of digital health tools fall outside traditional HIPAA protections
- What general notification and enforcement themes the proposal addresses
- What providers should consider before recommending or contracting with an app vendor
- How vendor relationships can change the privacy and compliance framework
Who Should Read This
- Physicians and other clinicians
- Health care compliance and privacy staff
- Health IT professionals
- Medical practice administrators
- Patients using consumer health apps
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