The Washington State Legislature settled passage Monday of the My Health My Data Act (MHMDA), the very first state-level health data bill of its kind in the U.S. The bill now heads to Guv Jay Inslee’s desk for his signature to become law.
The MHMDA consists of a number of strong arrangements to protect consumer health data. In addition to needing companies to get a person’s express grant collect, share or sell their health details, the costs likewise develops consumer information rights to access and erase that details and to withdraw consent. MHMDA also requires in-depth health data privacy policies and restricts geofencing around specific health care places. The Act can be imposed by both the Washington Attorney general of the United States’s Office and by people through a personal right of action.
Especially, the scope of “consumer health information” covered by the MHMDA is relatively broad, specified as “individual information that is linked or fairly linkable to a customer and that identifies the consumer’s past, present, or future physical or mental health status.” The definition goes on to list examples like prescription medications, medical diagnoses and health conditions, biometric data, and place details that would show a consumer’s effort to get health services, to name a few examples.
The passage of the MHMDA echoes current momentum at the federal level worrying the defense of personal health information, including FTC enforcement actions and proposed legislation addressing health information security and personal privacy issues beyond the scope of HIPAA. If MHMDA ends up being law, the law would slowly take effect between this summer and June 2024.