Washington & Nevada Enact Major Consumer Privacy Laws for Health Data
Washington and Nevada have recently enacted significant consumer privacy laws, with the My Health My Data Act (MHMD) in Washington and Senate Bill 370 (SB 370) in Nevada. Both laws aim to protect sensitive health insurance information, but they differ in scope and provisions.
MHMD, signed into law by Governor Inslee in April 2023, is the most comprehensive consumer privacy legislation since the 2018 California Consumer Privacy Act (CCPA). It applies to organizations handling covered data related to Washington State, both within and outside its borders. The law requires health care providers, health plans, and health care clearinghouses operating in the state to comply with new privacy and data protection rules concerning personal health insurance data.
In contrast, Nevada's SB 370, signed by Governor Lombardo in June 2023, is generally more business-friendly. It offers greater flexibility regarding access and deletion requests. SB 370 employs a narrower, use-based definition of 'consumer health insurance data' and applies to a narrower scope of covered entities. The law's definition of 'consumer health insurance data' excludes information that is not typically treated as health insurance data under existing law, and it includes common exceptions for product improvement, repair, product recalls, and internal operations.
The U.S. Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization has led to new attempts to protect Americans' sensitive health insurance information, with these state-level laws being a direct response.
MHMD and SB 370 both aim to protect consumers' health insurance data, but they differ in their approach and scope. MHMD provides a full private right of action with presumptions benefiting plaintiffs, while SB 370 offers more flexibility for businesses. Both laws reflect the growing concern for protecting sensitive health insurance information in the United States.
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