SPEKTATOR
As of April 4th, 2024, we are partnering with the ABA's Consumer Privacy SubCommittee to develop an AI-powered privacy law database for American Bar Association Members
Search Global Privacy Law by Region
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If I provide health plans or perform services, functions, or activities for a health plan and I use, collect, and/or disclose individually identifiable health information what federal laws should I consider in the US?
1. Health Insurance Portability and Accountability Act (HIPAA)
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Sets standards for protecting electronic personal health information that is held or transferred in electronic form. The rule outlines administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information.
2. Health Information Technology for Economic and Clinical Health Act (HITECH Act)
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Enhances HIPAA rules by introducing stricter penalties for health information breaches. It also promotes the adoption and meaningful use of health information technology, specifically the use of electronic health records (EHR) by healthcare providers.
3. Genetic Information Nondiscrimination Act (GINA)
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Prohibits discrimination on the basis of genetic information with respect to health insurance and employment. It also restricts health insurers and health plan administrators from requesting or requiring genetic information of an individual or the individual’s family members.
4. Family Educational Rights and Privacy Act (FERPA)
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Applies to educational agencies or institutions that receive funding from the Department of Education. While FERPA is primarily focused on educational records, it may intersect with health information privacy in school settings or university health systems where educational and health information may overlap.
6. Federal Trade Commission Act (FTC Act)
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While not specifically a health information law, the FTC Act prohibits unfair or deceptive acts or practices in or affecting commerce, including practices that may compromise the privacy and security of sensitive personal information, including health data.
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