As the digital world evolves, so do data privacy laws, especially in the healthcare sector. For healthcare providers in Washington State, the My Health My Data (MHMD) Act has introduced a new layer of compliance requirements that extend beyond traditional HIPAA regulations. Passed in response to growing concerns about the collection, use, and security of personal health data, this law directly impacts how healthcare websites operate.
This comprehensive guide will explain how the MHMD Act affects healthcare providers, what you need to do to ensure compliance, and what penalties you might face for non-compliance. We’ll also answer frequently asked questions, provide cost estimates for getting your website updated, and offer a practical solution to get started.
What Is the My Health My Data (MHMD) Act?
The My Health My Data (MHMD) Act is a Washington State law that expands privacy protections to a broader category of health-related data, beyond the scope of HIPAA. While HIPAA primarily focuses on Protected Health Information (PHI) like medical records, diagnoses, and treatments, the MHMD Act covers any data that can be linked to an individual’s health status, behaviors, or preferences—even if it’s not strictly medical data.
For healthcare providers, this means that if your website collects any kind of personal health information—whether it’s through appointment forms, patient portals, or third-party tools like analytics—you must ensure compliance with MHMD’s data privacy and security standards.
How Does the MHMD Act Impact Healthcare Providers?
Expanded Data Protections
This broader definition means that even seemingly innocuous activities, like using tracking cookies or analytics tools, could result in the collection of data covered by the MHMD Act. Healthcare providers must now account for this and update their websites accordingly.
Increased Transparency Requirements
In addition to securing PHI, healthcare providers are now required to provide transparency about any data collected from website visitors. This includes displaying clear privacy policies, disclosing how data is collected and used, and obtaining explicit opt-in consent before collecting any personal information.
Liability for Data Breaches
If your website fails to meet the standards set by the MHMD Act, you could face serious consequences, including hefty fines, lawsuits, and reputational damage. Even if you use third-party, HIPAA-compliant tools to collect or process data, you are still responsible for ensuring that your website complies with MHMD regulations.
Website Updates Required for MHMD Compliance
The most immediate impact of the MHMD Act is that healthcare providers must update their websites to meet these new regulations. This includes:
Key Differences Between HIPAA and the MHMD Act
While HIPAA remains focused on traditional PHI, the MHMD Act takes a broader approach, covering health-related data that is not explicitly medical. This includes any information that can hint at a person’s health, even if it’s collected for marketing or tracking purposes.
For example:
Because of this broader definition, even healthcare websites that do not directly collect PHI may still need to comply with the MHMD Act.
Additional Key Considerations for MHMD Compliance
In addition to the steps above, healthcare providers should be aware of the following important points regarding the My Health My Data (MHMD) Act:
- Applicability Beyond Traditional Healthcare Providers: The MHMD Act applies to any organization collecting health-related data from Washington residents, including non-traditional healthcare entities like wellness apps or websites selling health-related products. Ensure that your partners or third-party vendors also comply.
- Broader Definition of Health Data: MHMD protects not only PHI but also data such as browsing history, lifestyle choices, and other interactions that could indicate a person’s health status. Ensure your website tracks consent for any health-related data collection, even from cookies or analytics.
- Consent Mechanisms: The MHMD Act requires explicit opt-in consent for data collection, even if third-party tools are used. Implementing clear consent prompts is a must.
- Data Deletion and Access Rights: Patients have the right to request their data be deleted or accessed under the MHMD Act. Healthcare providers must ensure their systems can handle these requests efficiently.
- Out-of-State Implications: Even if your practice is not based in Washington, the MHMD Act applies to any entity that serves Washington residents. Be sure you’re compliant if you have patients or users from Washington.
- Breach Notification Requirements: In the case of a data breach, the MHMD Act has strict notification rules in addition to HIPAA requirements. You must notify affected individuals promptly and take corrective action.
Cost to Update Your Website for MHMD Compliance
Ensuring your website complies with the My Health My Data Act will likely require updates and modifications. Here’s a breakdown of potential costs for healthcare providers in Washington
State:
- Data Collection Consent Implementation: $600 – $1,700
This includes integrating opt-in consent mechanisms for any form or tool that collects data from
users. - Privacy Policy Updates: $350 – $900 Collaborating with legal professionals to revise and update your privacy policy to meet MHMD’s transparency requirements.
- Security Enhancements: $900 – $2,800 Ensuring your website has an SSL certificate, security plugins (like Wordfence), and other general hardening measures to prevent data breaches.
Overall, the total cost of updating your website for MHMD compliance could range from $1,850 to $5,400, depending on the complexity of your website and the expertise of the professionals you hire.
