In today’s world, privacy and data protection have become crucial. It is essential to recognize that state-specific laws can impose additional requirements beyond federal regulations. Nevada is one such state that has privacy laws that go beyond the Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996 to protect the privacy and security of individuals’ health information. HIPAA applies to covered entities, including healthcare providers, health plans, and healthcare clearinghouses, and their business associates who have access to patients’ protected health information (PHI).
HIPAA mandates the use of safeguards and policies to protect PHI. Non-compliance with HIPAA can result in severe penalties, including fines and legal action, and HIPAA plays a critical role in ensuring the confidentiality and integrity of individuals’ health information in the United States.
Nevada’s Security and Privacy of Personal Information Law, found in Chapter 603A of the Nevada Revised Statutes (NRS), requires businesses that operate in the state and collect personal information to implement safeguards that protect that information from unauthorized access, use, or disclosure. This law applies to a broader range of personal information beyond just PHI.
In addition to the Security and Privacy of Personal Information Law, Nevada has also implemented an Online Privacy Law, Senate Bill 220, that regulates how websites and online services collect and handle personal information from Nevada residents. Non-compliance with Nevada’s privacy laws can result in significant penalties.
Recently, the Nevada Senate passed Senate Bill 370 to strengthen the state’s privacy laws. The bill expands the definition of personal information to include unique biometric data and email addresses under NRS 603A.040(1)(a) and (b), and it requires businesses to notify individuals in the event of a data breach. These changes further emphasize the importance of compliance with Nevada’s privacy laws, particularly for healthcare organizations and practitioners.
In conclusion, organizations operating in Nevada must be aware of the state-specific privacy laws that go beyond HIPAA. Compliance with these laws is vital to protect consumer privacy and avoid penalties. By staying informed and implementing appropriate safeguards, businesses can navigate Nevada’s privacy landscape and maintain a strong commitment to data protection.
If you need legal assistance with Nevada’s state-specific health care privacy laws that go beyond HIPAA, we are here to help.
AUTHOR: Ayesha Mehdi is a partner in the healthcare group at Spencer Fane, LLP, and provides legal counsel to healthcare practitioners and closely-held healthcare businesses in the Las Vegas Greater Area. With expertise in corporate, transactional, regulatory, and licensure matters, Ayesha offers comprehensive support to clients in the Nevada healthcare industry. Ayesha has authored multiple publications on healthcare law and is also a sought-after speaker at regional and national seminars and conferences organized by legal and healthcare associations. If you require legal assistance for your healthcare business or practice, Ayesha is available to help. You can reach her at amehdi@spencerfane.com or 7
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