What sort of businesses would be regulated by the FTC rather than HHS?
The sort of business that would be regulated by the FTC rather than HHS is any business that is not a HIPAA covered entity or HIPAA business associate, but that creates, receives, maintains, or transmits individually identifiable health information. Since the passage of the HITECH Act in 2009, these businesses have had to comply with the Breach Notification Rule Typically, these businesses include the manufacturers of health apps (i.e., fitness trackers) and connected devices (wearable blood pressure cuffs) if the products offer or maintain a personal health record (PHR) collected on consumers´ behalf. Additionally, vendors of software that accesses information in a PHR or sends information to a PHR are also subject to the Breach Notification Rule.