Washington & Nevada Bolster Health Data Privacy Laws Post-Dobbs
Washington and Nevada have taken significant steps to protect consumers' health data privacy. In April 2023, Washington Governor Inslee signed the My Health My Data Act (MHMD), while Nevada Governor Lombardo followed suit in June 2023 with Senate Bill 370 (SB 370). Both laws aim to safeguard individuals' sensitive health information.
MHMD, signed into law in Washington, targets harassment through geofencing technology at reproductive health and gender-affirming care clinics. It introduces a broad definition of 'consumer health data' and applies to a wide range of entities, including those not covered by HIPAA. The law allows for a full private right of action and enforcement by the state Attorney General. It will come into effect on March 31, 2024, for most businesses and June 30, 2024, for small businesses.
Nevada's SB 370, however, employs a narrower definition of 'consumer health data' and applies to a more limited scope of covered entities. It is solely enforceable through the state Attorney General and does not provide for a private right of action. Both laws mark a response to the U.S. Supreme Court's 2022 Dobbs decision, with many stakeholders and lawmakers pushing for enhanced health insurance privacy protections.
Washington's MHMD and Nevada's SB 370 represent significant strides in consumer health data privacy. Both laws aim to protect sensitive information, with MHMD taking a broader approach and allowing for private enforcement. They reflect a growing trend of states stepping in to safeguard Americans' health data in the wake of the Dobbs decision.
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