House Docket ('HD') 3855 containing a bill for An Act relative to Consumer Health Data was filed, on 20 January 2023, with the House of Representatives. In particular, HD 3855 seeks to impose obligations on regulated entities, which are defined as any legal entity that:

• conducts business in Massachusetts or produces products or services that are targeted to consumers in Massachusetts; and

• collects, shares, or sells consumer health data.

Further to the above, HD 3855 would require, among other things, regulated entities to maintain, and publish on their homepage, a consumer health data privacy policy that clearly and conspicuously discloses:

• the types of consumer health data collected and the purpose for which the data is collected, including the specific ways in which it will be used;
• the sources from which the consumer health data is collected;
• the consumer health data that is shared;
• a list of third parties and affiliates with whom the consumer health data is shared; and
• how a consumer can exercise their rights.

Moreover, HD 3855 prohibits regulated entities from collecting consumer health data, except with the consent of the consumer and to the extend strictly necessary to provide a product or service that the consumer has requested.

Separately, HD 3855 is a companion bill of Senate Docket 2118, which was filed with the State Senate on the same date.

You can download HD 3855 here and track its progress here.

UPDATE (14 March 2023)

Bill assigned number and referred to committee

HD 3855 was assigned a bill number, namely House Bill 386, on 16 February 2023, and thereafter referred to the committee on Consumer Protection and Professional Licensure.

You can download the bill here and track its progress here.