Monday, November 4, 2024
Lawyers Run The WorldHIPAA Rules Are Also Covered by FTC Act

HIPAA Rules Are Also Covered by FTC Act

-

- Advertisment -spot_img

HIPAA, the Health Insurance Portability and Accountability Act, provides regulation for the use of a person’s health information.

The HIPAA Privacy Rule, sets the definition of how a covered entity is to use personally identifiable health related information of an individual. In short, it prevents healthcare providers from supplying personally identifiable health information of an individual to other parties without the individuals consent.

The Federal Trade Commission ruled that in most cases, businesses that are subject to HIPAA regulations, are also subject the FTC Act.

The FTC Act prohibits businesses from acting in unfair or deceptive practices or acts in or affecting commerce. Included in the prohibited acts is giving consumers false or misleading claims related to the security and privacy of the personal health history and information, which includes the information provided via mobile health apps.

Some of the recommendations that the FTC has made for businesses to help ensure compliance are:

  • Review the user interface to make sure the information does not contain contradictions.
  • Develop and design the user interface to be compatible with multiple devices and platforms.
  • Make certain that users are not required to scroll in order to see disclosure claims.
  • Do not require the user to click on links in order to find out about key facts to the privacy policy, TOU(Terms of Use), or HIPAA authorization.
  • The FTC Act applies to both paper and electronic documents, so ensure that the electronic disclosure statements match that of the paper disclosure statements.

Linn Freedman of the firm Robinson+Cole questions what this exactly means though. “Does this mean that the OCR and FTC are declaring that the HIPAA authorization requirements are now applicable to businesses who are not covered entities, who are not required to comply with HIPAA if there is authorization by a consumer to disclose their health information,” she asks. ” The guidance is confusing and should be clarified, as this will have a dramatic effect on businesses who are not required by HIPAA to comply with these requirements.”

Pesach Lattin
Pesach Lattinhttp://www.adotat.com
Pesach "Pace" Lattin is one of the top experts in interactive advertising, affiliate marketing. Pesach Lattin is known for his dedication to ethics in marketing, and focus on compliance and fraud in the industry, and has written numerous articles for publications from MediaPost, ClickZ, ADOTAS and his own blogs.

What's your opinion?

Latest news

Heather Macaulay’s MadTech Miracle Cure: Another “Game-Changer”

Heather Macaulay, President at MadTech, is here to break down the adtech jungle with MadConnect, a platform that’s supposed...

Adam Brotman’s AI Revolution: How Forum3’s Spok is Rewriting the Marketing Playbook

Adam Brotman isn’t just your average tech executive; he's the guy who put Starbucks on the digital map. From...

Scott Schiller’s Guide to the Mad World of Media, Advertising, and AdTech – Hold the Jargon, Double the Reality Check

Scott Schiller is a man who’s seen it all – from the early days of television ads to the...

Brand vs. Performance? Why Not Both? How Your Budget Tug-Of-War Became a Power Couple

Let’s ditch the worn-out trope of brand versus performance marketing. They aren’t enemies, they aren’t rivals, and they certainly...

From Mad Men to Mad Brands: Unpacking the Great Ad Spend Shake-Up

First off, let's talk about the elephant in the boardroom. Since 2019, agency holding companies have seen their share...

Why Programmatic CTV Still Feels Like a Fyre Festival for Advertisers

Imagine this: you’re three episodes deep in a binge, and a perfectly timed ad pops up, tempting you with...

Must read

Heather Macaulay’s MadTech Miracle Cure: Another “Game-Changer”

Heather Macaulay, President at MadTech, is here to break...

Adam Brotman’s AI Revolution: How Forum3’s Spok is Rewriting the Marketing Playbook

Adam Brotman isn’t just your average tech executive; he's...

You might also likeRELATED
Recommended to you