VRC Weekly Newsletter (December 11)

New Privacy Laws 2025

As the end of 2024 approaches, businesses across the United States face a critical transition period with nine new data privacy laws set to take effect in 2025. These laws will significantly alter how consumer data is managed and protected. Staying ahead of these changes is vital for ensuring compliance and protecting your business's integrity. Here’s a detailed breakdown of what you need to know:

1. Texas Data Privacy and Security Act (TDPSA; Key Provisions Effective January 1, 2025)

While the TDPSA took effect earlier in July 2024, the upcoming year brings crucial additions:

• Universal Opt-Out Mechanism: Businesses must recognize a universal opt-out signal from consumers, allowing them to set privacy preferences once and have these apply automatically across all platforms.

• Data Security: Controllers are required to implement robust administrative, technical, and physical safeguards to protect the confidentiality and integrity of personal data.

2. Delaware Personal Data Privacy Act (DPDPA; Effective January 1, 2025)

This law sets a low threshold for applicability, affecting entities that handle the personal data of just 35,000 consumers. Notably, the DPDPA imposes strict compliance requirements with few exemptions, even for nonprofits, and enhances consumer rights concerning data access and corrections.

3. Iowa Consumer Data Protection Act (ICDPA; Effective January 1, 2025)

The ICDPA is considered more business-friendly. It applies to entities that handle significant amounts of consumer data but features one of the longest cure periods for compliance violations, offering businesses a 90-day window to address issues.

4. Nebraska Data Privacy Act (NDPA; Effective January 1, 2025)

This act features broad applicability, impacting any business that is not a small business under federal definitions, regardless of the volume of data processed. It emphasizes consumer rights to opt-in consent for selling sensitive information.

5. New Hampshire Data Privacy Act (NHDPA; Effective January 1, 2025)

The NHDPA is known for its comprehensive coverage and moderate applicability thresholds, similar to Delaware's law but with more leniency for businesses in terms of compliance and exemptions.

6. New Jersey Data Privacy Act (NJDPA; Effective January 15, 2025)

This law stands out for its unique approach to data handling; it requires entities that derive any revenue from selling personal data of at least 25,000 consumers to comply, making it applicable to a broader range of businesses than typical data broker regulations.

7. Tennessee Information Protection Act (TIPA; Effective July 1, 2025)

TIPA introduces higher thresholds for applicability and is tailored more towards larger businesses, with robust requirements for those handling extensive consumer data or deriving significant revenue from personal data sales.

8. Minnesota Consumer Data Privacy Act (MCDPA; Effective July 31, 2025)

The MCDPA focuses on consumer rights, including unique provisions around data inventory and profiling, which require businesses to maintain detailed records of data processing and allow consumers to challenge and review profiling decisions.

9. Maryland Online Data Protection Act (MODPA; Effective October 1, 2025)

Perhaps the most stringent, the MODPA prohibits the outright sale of personal data in many contexts and demands high compliance standards, including regular privacy impact assessments and a significant focus on consumer consent and rights.

Preparing for Compliance

As these laws illustrate diverse requirements and enforcement strategies, businesses must adopt a comprehensive compliance strategy that considers the specific nuances of each state law. VanRein Compliance is here to assist with everything from risk assessments to training and policy reviews, ensuring your business not only complies with these 2025 mandates but also excels in data protection practices.

Partner with VanRein Compliance to navigate these complex legal landscapes. Contact us today to ensure your data practices are robust and compliant ahead of these significant changes.

Enhancing Health Equity: New Language Access Requirements under Section 1557

On December 9, 2024, the U.S. Department of Health & Human Services (HHS), Office for Civil Rights (OCR), issued a critical update aimed at bolstering health equity and ensuring quality care for all. The update came in the form of a "Dear Colleague" letter, clarifying the obligations of healthcare providers under the newly implemented final rule of Section 1557 of the Affordable Care Act (ACA).

Understanding Section 1557

Section 1557 establishes that health programs and activities receiving federal financial assistance must not discriminate based on race, color, national origin, sex, age, or disability. This rule is pivotal for providers who receive federal funding, as it mandates comprehensive language assistance services to individuals with limited English proficiency (LEP) or disabilities, ensuring they receive equitable and effective healthcare services.

Key Highlights of the Rule:

• Broad Coverage: The rule applies to all recipients of federal financial assistance, programs administered by HHS, and entities established under Title I of the ACA.

• Effective Communication: Healthcare providers must offer necessary auxiliary aids and services, such as Braille, large print, captioning, qualified sign language interpreters, and more, at no cost to the individual.

• Document Translation and Interpreter Services: Critical documents must be translated, and interpreters should be provided free of charge to facilitate understanding and compliance.

Impact of the Rule

OCR Director Melanie Fontes Rainer emphasized that health care is a fundamental right, and providing language assistance is crucial for ensuring equitable outcomes and quality care. This rule is a direct response to the ongoing issues related to language barriers in healthcare settings, which have been identified as a significant obstacle to equal access to healthcare services.

Compliance and Enforcement

With the rule having taken effect on July 5, 2024, it is imperative for covered entities to understand and implement the necessary changes promptly. OCR has expressed a strong commitment to enforcing these requirements, reflecting their critical role in promoting health equity and patient safety.

Next Steps

To remain compliant and uphold the standards of care required under Section 1557, it is crucial for healthcare providers to review and adapt their policies and practices immediately. For more information on how to ensure your organization complies with these vital requirements, contact VanRein Compliance today.

For additional resources on Section 1557 and to view the full text of the OCR’s “Dear Colleague” letter, please visit HHS's official website.

Service Highlight: Achieve HITRUST Certification

In the complex world of healthcare security, achieving HITRUST certification represents the gold standard. At VanRein Compliance, we specialize in guiding healthcare organizations through the rigorous process of obtaining and maintaining HITRUST certification, ensuring they meet the highest standards of data protection and compliance.

Why HITRUST Certification Matters

HITRUST certification is more than just a benchmark; it's a comprehensive framework that integrates globally recognized standards to provide a robust security posture. It's specifically designed to address the multitude of security, privacy, and regulatory challenges facing healthcare organizations today, including compliance with federal and state regulations.

Our Expertise

Our team of experts at VanRein Compliance brings a deep understanding of the unique challenges of the healthcare industry. We provide tailored solutions that not only help you achieve HITRUST certification but also ensure that your security practices are sustainable, scalable, and aligned with your business objectives.

What We Offer

• Gap Analysis: We begin with a thorough assessment of your current security and privacy controls against the HITRUST CSF requirements to identify gaps and areas for improvement.

• Remediation Support: Our experts assist in designing and implementing the necessary changes to meet stringent HITRUST requirements.

• Certification Preparation: We help you prepare all the documentation and evidence required for the HITRUST certification process, ensuring a smooth and successful assessment.

• Continuous Compliance: Post-certification, we provide ongoing support to maintain compliance as standards evolve and your business grows.

Benefits of Partnering with VanRein Compliance

• Enhanced Trust: HITRUST certification communicates to your partners, regulators, and patients that you are committed to protecting sensitive data at the highest standards.

• Reduced Risk: Our services help minimize the risk of data breaches and other security incidents by ensuring that your security measures are robust and effective.

• Streamlined Compliance: HITRUST aligns with multiple regulatory requirements, including HIPAA, making it an efficient way to manage compliance across various frameworks.

Get Started on Your HITRUST Journey

Don’t navigate the complex path to HITRUST certification alone. Partner with VanRein Compliance, and leverage our expertise to secure your organization's data and boost your compliance confidence.

To learn more about our HITRUST certification services or to start your certification journey, contact us today. Let VanRein Compliance be your trusted partner in achieving and maintaining HITRUST certification.

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For more information on any of the topics covered in this newsletter, feel free to contact us:

📧 Email: hello@vanreincompliance.com📞 Phone: 830-201-1880🌐 Website: www.vanreincompliance.com

Stay compliant and stay ahead with VanRein Compliance!

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