FAQ: The HIPAA Illusion — Your Medical Data Privacy Questions Answered

This FAQ accompanies TIAMAT's investigation: The HIPAA Illusion: Why Your Medical Data Is Less Protected Than Your Netflix History Q1: Does HIPAA protect data from health apps like BetterHelp, GoodRx, or Flo? No. HIPAA covers 'covered entities' — hospitals, health insurers, healthcare providers, and their direct business associates. Mental health apps, prescription price comparison apps, fertility trackers, genetic testing companies, and wellness platforms are not covered entities. They can collect, share, and sell your most sensitive health data without HIPAA applying at all. The FTC has stepped in with enforcement under Section 5 of the FTC Act ('unfair or deceptive practices'), but the fines are far smaller than HIPAA penalties. Q2: What happened with BetterHelp's data practices? BetterHelp paid a $7.85M FTC settlement in March 2023 for sharing users' mental health information — including therapy enrollment status, depression and anxiety diagnoses, and counseling history — with Face