Thought Leadership - Manatt, Phelps & Phillips, LLP

Manatt Health: Health AI Policy Tracker

The purpose of this quarterly tracker is to identify key federal and state health AI policy activity. Below reflects federal legislative and regulatory activity to date related to AI, and state legislative activity introduced between January 1 and March 31st, 2024.

CO Enacts “High-Risk” AI Law Regulating Deployers and Developers, Including Health Care Stakeholders

On Friday, May 17, Colorado Governor Jared Polis, with noted reservations, signed into law SB205, a consumer protection law which imposes significant requirements on developers and deployers of “high risk&rdquo...

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

Episode 24: AI-Generated Marketing: Who Owns the IP?

As the Artificial Intelligence space continues to quickly evolve, generative AI is making its way into every facet of our lives, including in music, books, photographs and even education.

FTC Signals New Era of Enforcement with $1.5 Million Penalty for Unauthorized Sharing of Health Data

The Federal Trade Commission announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc.

Health App Providers May Have Confidentiality Obligations Under State Law

The wave of new state legislation limiting abortion access has raised concerns about the privacy and security of reproductive health data not subject to the Health Insurance Portability and Accountability Act.

Virginia’s Consumer Data Protection Act Has Passed: What’s in It?

Yesterday evening, Virginia Governor Ralph Northam signed the Consumer Data Protection Act (CDPA), making Virginia the latest state to enact a cross-industry privacy rights law.

COVID-19: Remapping the Healthcare Privacy Landscape

Privacy is among the many areas of our lives that COVID-19 is radically changing.

Key HIPAA Changes in Light of COVID-19

The COVID-19 pandemic has quickly caused at least a temporary restructuring of the U.S. healthcare system.