Skip to Main Content


Dec. 22, 2023

How Far Will FTC Expand Health Breach Notification Rule Enforcement?

By Patricia A. Markus, JD, CIPP/US, Shane M. Duer, JD, CIPP/US

In an article published on Dec. 19 in Healthcare IT News, partner Patricia Markus and associate Shane Duer discussed proposed new changes to the Health Breach Notification Rule aimed at health and wellness apps and similar technologies that utilize and store health information.

"Unlike the HIPAA Breach Notification Rule, which has been enforced with increasing frequency since its inception, not a single enforcement action arose under the rule until February 2023. Three months later, in response to the ever-increasing prevalence of health and wellness mobile applications and direct-to-consumer health technologies, most of which are not subject to HIPAA, the FTC proposed numerous significant changes to the proposed rule to clarify that the rule applies directly to such apps and technologies.”

To read the full article, click here.