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Nevada health data privacy bill is pending governors approval

In brief: The Nevada Legislature granted final passage to SB 370, a health data privacy bill modeled after Washington's My Health My Data Act. The bill was amended before final passage by the Nevada State Assembly 5 June to include an exemption for profiling that does not include personal health data and a new effective date of 31 March 2024. Unlike Washington's law, SB 370 does not carry a private right of action. Finalization of Nevada's bill is pending the governor's approval.



The bill is similar to the Washington law but with important distinctions. Let us remind you, in Washington, Governor Inslee signed the My Health My Data Act (HB 1155) into law, making Washington the first state to enact a health data privacy bill.


How Nevada Act is different from Washington act?

Difference

Nevada- SB370

"Consumer health data" means personal information that is 28 linked or reasonably linkable to a consumer and that identifies the 29 consumer's past, present, or future physical or mental health status

Consumer health data” means personally identifiable information that is linked or reasonably capable of

being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer

Includes

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personally identifiable information that is linked or reasonably capable of being linked to a consumer.

Data that identifies a consumer seeking health care services;

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