Abstract

In an August 8 letter to the Federal Trade Commission (FTC), the Legal Action Center (LAC) and the Opioid Policy Institute (OPI) urged the agency to clarify and strengthen its proposal to modernize the Health Breach Notification Rule (HBNR). The proposal by the FTC, published in the Federal Register on June 9 (https://www.federalregister.gov/documents/2023/06/09/2023‐12148/health‐breach‐notification‐rule), does not adequately cover substance use disorders (SUDs), but rather refers to categories and silos like “physical health” and “mental health.” This leaves interventions for SUDs — and drug use itself — in a “regulatory and policy blind spot,” according to the letter, a copy of which was obtained by ADAW.

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