FTC Proposes Amendments to Strengthen and Modernize the Health Breach Notification Rule

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The Federal Trade Commission is seeking comment on proposed changes to the Health Breach Notification Rule (HBNR) that include clarifying the rule’s applicability to health apps and other similar technologies.

Since the rule’s issuance, health apps and other direct-to-consumer health technologies, such as fitness trackers, have become commonplace. The proposed changes to the rule come as business practices and technological developments increase both the amount of health data collected from consumers, and the incentive for companies to use or disclose that sensitive data for marketing and other purposes. 

“We are witnessing an explosion of health apps and connected devices, many of which aren’t covered by HIPAA, collecting vast amounts of sensitive consumer health information. When this information is breached, it is more vital than ever that mobile health app developers and others covered by the Health Breach Notification Rule provide consumers and the FTC with timely notice about what happened,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “The proposed amendments to the rule will allow it to keep up with marketplace trends, and respond to developments and changes in technology.”

The rule requires vendors of personal health records (PHR) and related entities that are not covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data. It also requires third party service providers to vendors of PHRs and PHR-related entities to provide notification to such vendors and PHR-related entities following the discovery of a breach. 

Protecting the privacy and security of personal health data is a high priority for the FTC, which has brought several cases in recent years involving the misuse of consumers personal health data, including two enforcement actions that alleged HBNR violations.

Earlier this week, the FTC announced a proposed order settling allegations that fertility app Premom violated the HBNR. In February 2023, the FTC announced its first enforcement action under the HBNR against telehealth and prescription drug discount provider GoodRx Holdings Inc. The FTC says GoodRx and Premom each violated the rule by failing to notify users about the companies’ unauthorized disclosure of users’ personally identifiable health information to third parties.

As part of a regular review of Commission rules, the FTC in 2020 sought comment on whether changes were needed to the HBNR. In September 2021, the FTC issued a policy statement affirming that health apps and connected devices that collect or use consumers’ health information must comply with the Health Breach Notification Rule.

After reviewing the public comments and consistent with the policy statement, the Commission has proposed the following changes to the HBNR:

  • Revising several definitions to clarify the rule’s application to health apps and similar technologies not covered by HIPAA. This includes modifying the definition of “PHR identifiable health information” and adding two new definitions for “health care provider” and “health care services or supplies”; 
  • Clarifying that a “breach of security” under the rule includes an unauthorized acquisition of identifiable health information that occurs as a result of a data security breach or an unauthorized disclosure;
  • Revising the definition of “PHR related entity” in two ways that pertain to the rule’s scope. For example, it makes clear that only entities that access or send unsecured PHR identifiable health information to a personal health record — rather than entities that access or send any information to a personal health record — qualify as PHR related entities;
  • Clarifying what it means for a personal health record to draw PHR identifiable health information from multiple sources;
  • Authorizing the expanded use of email and other electronic means of providing clear and effective notice of a breach to consumers;
  • Expanding the required content that should be provided in the notice to consumers. For example, the notice would be required to include information about the potential harm stemming from the breach and the names of any third parties who might have acquired any unsecured personally identifiable health information; and
  • Adding changes to improve the rule’s readability and promote compliance.

The public will have 60 days after the notice is published in the Federal Register to submit comments on the proposed changes to the rule. Information on how to submit a comment can be found in the notice. Once processed, the comments will be posted to Regulations.gov.

The Commission voted 3-0 at an open Commission meeting to publish the proposed changes to the HBNR in the Federal Register.

The lead staff attorneys on this matter are Ryan Mehm, Ronnie Solomon, and Elisa Jillson of the FTC’s Bureau of Consumer Protection.

Official news published at https://www.ftc.gov/news-events/news/press-releases/2023/05/ftc-proposes-amendments-strengthen-modernize-health-breach-notification-rule

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The Good Dog Foundation to Ring NYSE Closing Bell

Bell ringing will mark the 25th anniversary of the foundation's work

The Good Dog Foundation, a non-profit dedicated to training and deploying therapy dogs to help adults and children recover from stress, trauma, and disease, today announced that Rachel McPherson, Founder, along with two therapy dogs - Magnus and Atticus - will ring the closing bell at the New York Stock Exchange (NYSE) today, Friday, June 2, 2023, at 4:00 p.m. ET.

"At The Good Dog Foundation, we believe in the healing power of the human-animal bond. Therapy dogs, when trained properly, offer uniquely effective nonverbal, nonjudgmental support for those in need of stress relief, morale boosting, or emotional healing," said Rachel McPherson, Founder of The Good Dog Foundation. "Ringing the closing bell at NYSE is a wonderful way to honor our 25th year and reflect on the meaningful work our therapy dogs have done. I am so proud of The Good Dog Foundation and the thousands of therapy dogs and their owners who are making a difference in lives every day."

About The Good Dog Foundation

For 25 years, The Good Dog Foundation has trained and deployed thousands of therapy dogs to help adults and children recover from stress, trauma and disease or cope with disabilities and learning issues. Founded on the belief in the healing power of the dog to human connection, Good Dogs have provided services to hospitals, colleges, nursing homes, disaster relief efforts as well as corporate partners. Learn more at https://thegooddogfoundation.org.

Contact Information:
Bruce Fagin
Executive Vice President, The Good Dog Foundation
info@thegooddogfoundation.org
(888) 859-9992


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The 2023 Global Healing Festival by Embodied Black Girl Returns, Disrupting Grind Culture and Centering Rest

The free one-day festival featuring today's visionary thought leaders will take place online on June 9, 2023

The Global Healing Festival by Embodied Black Girl returns for its fourth annual festival on June 9, 2023. The festival is the first of its kind and nourishes the healing and liberation of Black women and women of color while enlivening culture change and making wellness, somatics and mental health more accessible to the communities that need it most. 

Every year the free grassroots virtual festival attracts thousands of participants around the world, primarily through word of mouth.  

Curated by the global wellness and leadership education platform, Embodied Black Girl, the day-long online, interactive and immersive festival experience, includes in-depth workshops and thought-provoking conversations with today's leading visionary cultural shapers.

This year's theme, The Future is Embodied: The Rest-volution, is an invitation to enter the dream space and leave grind culture behind. In spite of the grim statistics and policies that impact Black women in particular, we root for a vision of joy, hope and self-determination.

In keeping this festival free through the years, our hope is to make wellness, somatics and mental health more accessible to Black women and folks of color and, in turn, create a world where we are seen, held and empowered. In this space, rest is life and our bodies transform into revolutionary portals and oracles for liberation. 

The festival will be hosted by Embodied Black Girl founder Thérèse Cator, who'll be joined by honored guests: 

  • Tricia Hersey, founder of The Nap Ministry and NYT Bestselling Author of Rest is Resistance 
  • Dr. Jennifer Mullan, founder of Decolonizing Therapy and author of the forthcoming book Decolonizing Therapy: Oppression, Historical Trauma and Politicizing Your Practice (W. W. Norton & Company)
  • Tigidankay "TK" Saccoh, founder of The Darkest Hue, a digital platform that centers the experiences and perspectives of dark-skinned Black girls, women, and femmes 
  • Natalee Facey, Resilience Coach and Birth Doula 

The festival will explore questions like…

  • How does rest support our individual and collective liberation?
  • How can we move beyond a cognitive understanding of rest to an embodied knowing of rest?
  • How can we foster deeper embodiment while having difficult and necessary conversations within our family and communities?
  • What dreams are we here to birth and nurture that will support personal and communal thriving?

For more information and to register to attend, please visit https://embodiedblackgirl.com/ghf-2023/.

Contact Information:
EBG Press
hello@embodiedblackgirl.com


Original Source: The 2023 Global Healing Festival by Embodied Black Girl Returns, Disrupting Grind Culture and Centering Rest
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