• Posts by Frances M. Green
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    Drawing upon decades of experience as a trial lawyer and trusted counselor, Fran Green counsels global clients on navigating the complexities of workforce management, cybersecurity, and data privacy laws, as well as the ...

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New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws
Categories: Artificial Intelligence, Cybersecurity
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New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA). In May of 2023, Washington State enacted the My Health My Data Act; in June of 2023, Connecticut amended its Data Privacy Act; and in March of 2024, Nevada passed Senate Bill 370. In many respects, NY HIPA is broader in scope and effect than its three predecessors.

New York’s S929 (Health Information Privacy Act or NY HIPA), sponsored by state Senator Liz Krueger (D), establishes requirements for communications to individuals regarding the disposition of their health information; and requires written consent or a designated necessary purpose for the processing of such health information. NY HIPA addresses vulnerabilities unaddressed by HIPAA because it applies to a broader range of private companies and protects health information at risk of disclosure through the commercialization of health data.

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