On May 18, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would expand the existing Health Breach Notification Rule (HBNR) to cover health applications (apps) and other similar technologies. Given the rapid evolution of the health technology industry since the HBNR was issued in 2009, the FTC has expressed concern that the rule fails to cover widely used health apps and connected devices, thereby failing to fully protect the users of these technologies.

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Photo of Eleanor (Miki) A. Kolton Eleanor (Miki) A. Kolton

Eleanor (Miki) A. Kolton has wide-ranging legal, administrative and management experience in medical practice law; HIPAA, Stark, Medicare and CMS regulations; with the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC); and other civil and administrative law areas. She

Eleanor (Miki) A. Kolton has wide-ranging legal, administrative and management experience in medical practice law; HIPAA, Stark, Medicare and CMS regulations; with the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC); and other civil and administrative law areas. She possesses executive corporate experience and broad clinical background in a variety of health care settings, including the ability to understand scientific and medical community cultures, business challenges and concerns.

Prior to joining the firm, Miki acted as a consultant to XCEL Healthcare and served as Executive Director of Pharmaceutical Programs and Director of Quality Improvement and Risk Management at OPTIONS Health Care, Inc. She holds a master’s degree in nursing and is licensed to practice nursing in Virginia.

Photo of Tess Dillon Meyer Tess Dillon Meyer

Tess Meyer advises payers, providers, biotech and pharmaceutical companies, large employers, and other health care stakeholders on health care regulatory compliance issues and policy objectives. She conducts complex regulatory and compliance assessments, including matters related to Affordable Care Act compliance, Medicaid and Medicare…

Tess Meyer advises payers, providers, biotech and pharmaceutical companies, large employers, and other health care stakeholders on health care regulatory compliance issues and policy objectives. She conducts complex regulatory and compliance assessments, including matters related to Affordable Care Act compliance, Medicaid and Medicare issues, and market conduct requirements.