What a Digital Health Privacy Attorney Wants You to Know About HIPAA & State Laws
Digital health companies often assume HIPAA is the primary privacy law they must follow. However, state privacy laws may impose additional or stricter requirements. That’s where a digital health privacy attorney steps in.
Through careful analysis and detailed evaluation, a trusted health care data privacy attorney helps organizations determine which federal and state laws apply based on the products they offer, the data they collect, and how that data is used. They can also help ensure privacy compliance is addressed before launching, scaling, or sharing health data.
With these considerations in mind, organizations can reduce risk and support long-term growth.
HIPAA Does Not Cover Every Digital Health Product
Many companies assume that HIPAA applies whenever health-related information is collected, but that is not always the case. HIPAA applies based on a company’s role within the health care ecosystem, not simply the type of data it collects.
Covered entities and business associates have specific obligations under HIPAA, while many wellness apps, wearable devices, and direct-to-consumer health tools may fall outside its scope. However, even when HIPAA does not apply, other federal and state privacy laws may still govern how health-related data is collected, used, and shared.
Know What Health Data You Collect
Digital health products often collect sensitive information such as symptoms, medical history, device and location data, and user messages. Understanding exactly what information is collected is a crucial part of any privacy compliance strategy.
Data classification might also affect consent requirements, privacy notices, vendor contracts, and security obligations. A digital health privacy attorney can help classify data as well as pinpoint any legal obligations associated with it.
State Privacy Laws Can Add More Requirements
State privacy laws might impose additional requirements beyond HIPAA and often regulate consumer health data, reproductive health data, biometric data, and geolocation information. In some cases, HIPAA-related obligations could potentially vary by state as a result of additional health care privacy and breach notification laws.
For this reason, it is best for companies operating across multiple states to avoid relying on a one-size-fits-all privacy policy. Important considerations could include consent requirements, data sharing restrictions, deletion rights, breach notices, and vendor compliance.
Vendor and Data Sharing Risks
Digital health companies frequently rely on cloud providers, analytics tools, marketing platforms, payment processors, and AI technologies to support their operations. Sharing health data with these vendors can create both privacy and contract risks if appropriate safeguards are not in place.
For added protection, organizations should carefully evaluate how vendors collect, access, store, and use sensitive information. In addition, vendor agreements should clearly explain how data is used, protected, stored, and deleted throughout the relationship.
Digital Health Privacy Compliance Made Simple with Aaron Maguregui
Digital health privacy compliance involves much more than HIPAA alone. Understanding what data is collected, which laws apply, and how information is shared is essential for organizations seeking to reduce risk before launching or expanding a digital health product.
For companies in need of expert guidance, Aaron Maguregui is a leading health care data privacy attorney specializing in health technology, privacy compliance, and data governance strategy. With a leading digital health privacy attorney on your side, you can feel confident your organization is ready to launch, expand, and position itself for long-term success.
Get in touch with Aaron Maguregui today to evaluate your AI product and reduce legal risk with confidence.