The Federal Trade Commission’s Role in Combatting Illegal Data Sharing and Its First Enforcement Action Using the Agency’s Health Breach Notification Rule

Rachel V. Rose
Rachel V. Rose | Attorney at Law, P.L.L.C.

Ms. Rose advises clients on compliance, transactions, and litigation in healthcare, cybersecurity, corporate and securities law, while successfully representing plaintiffs in False Claims Act and Dodd-Frank whistleblower cases.

On-Demand: May 9, 2023
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Program Summary

Although the GoodRx case is the first of its kind whereby the Federal Trade Commission, in conjunction with the U.S. Department of Justice, obtained a settlement under the FTC's Health Breach Notification Rule, the FTC has been enforcing consumer protection rights related to health data and data tracking under its authority prescribed in the Federal Trade Commission Act. The purpose of this webinar is to provide a history of the FTC's enforcement actions, explain the difference between the HIPAA and FTC's respective breach notification rules, illustrate the highlights of the GoodRx settlement, and provide compliance tips.

Key topics to be discussed:

  • Data tracking and sale of personal health data without knowledge or consent
  • The Federal Trade Commission's Role
  • Compare HIPAA Breach Notification Rule and the FTC's Health Breach Notification Rule
  • The GoodRx Settlement

Date: May 9, 2023

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_myLawCLERachel V. Rose, JD, MBA is a Principal with Rachel V. Rose | Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose advises clients on compliance, transactions, and litigation in healthcare, cybersecurity, corporate and securities law, while successfully representing plaintiffs in False Claims Act and Dodd-Frank whistleblower cases.

Fellow of the Federal Bar Association. Currently, she is serves on the Federal Bar Association Board of Directors, a Member and Immediate Past-Chair of the Federal Bar Association’s Government Relations Committee, and an advisory board member of the Federal Bar Association’s Qui Tam Section. Ms. Rose is the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors.

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, The Top One Percent, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

See www.rvrose.com for additional information.

Agenda

I. Headline Highlights | 1:00pm – 1:15pm

II. Federal Trade Commission’s Authority | 1:15pm – 1:25pm

III. Past FTC Enforcement Actions Involving Data | 1:25pm – 1:40pm

IV. HIPAA Breach Notification Rule v. FTC Health Breach Notification Rule | 1:40pm – 1:45pm

V. GoodRx – the first case the FTC used violating the FTC’s Health Breach Notification Rule | 1:45pm – 1:55pm

VI. Compliance Considerations | 1:55pm – 2:00pm

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