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The Federal Trade Commission (FTC), along with two states, have sued Hims & Hers for allegedly misleading consumers about its privacy, billing, and subscription practices, in today's bite-sized hospital and health industry news from California, Maryland, and New York.
- California: FTC, along with authorities from California and Utah, have filed a lawsuit against Hims & Hers, alleging that the company misled consumers about its privacy, billing, and subscription practices. In the lawsuit, FTC alleges that Hims shared consumers' sensitive health information, including medical conditions, with third-party advertising platforms despite claiming to maintain consumers' privacy. The agency also alleges that the company failed to clearly disclose that it charges consumers for prescriptions almost immediately after submitting an intake form even though consumers are told they will be able to consult with a medical provider to find an appropriate treatment. Other potential issues highlighted in the lawsuit include Hims making it difficult for consumers to cancel their subscriptions and sharing consumers' health information with third-party tracking tools. In response to the lawsuit, Hims executives said, "We are confident in our position and will vigorously defend ourselves against these baseless claims" and that "[t]he trust our customers place in us is the foundation of our business, and we have continued to strengthen our processes and systems as we have grown." (Landi, Fierce Healthcare, 7/29)
- Delaware: Former President Joe Biden's cancer has spread "to his bones and further," his son Hunter Biden said during an interview with BBC. "It's very painful and it's very debilitating in many respects," Hunter Biden said. "But he's still out there." Biden announced he was diagnosed with an aggressive form of prostate cancer last year. Since then, he has undergone hormone and radiation therapy. According to the American Cancer Society, patients who have been diagnosed with metastatic prostate cancer have a 37% chance of being alive five years later. Despite Biden's illness, Hunter said his father continues to speak out about the issues he cares about publicly. "He so believes in this country," Hunter Biden said. "And as long as he is alive, I promise you, he is going to continue to fight." (Severns, Wall Street Journal, 8/9; Sacks, Washington Post, 8/8)
- New York: After a decade-long effort, New York has legalized medical aid in dying, which allows patients with terminal illnesses to request life-ending medication from their healthcare providers. Under the Medical Aid in Dying Act, which went into effect last week, New Yorkers who have no more than six months to live and meet a strict set of requirements will be able to request lethal medication to end their lives. The requirements include multiple patient requests, residency in New York, and a mental health evaluation. "Our relationship with the officials in New York has been good, and a collaborative one. There are a lot of people, a lot of organizations who are really trying to make sure that this is one of many options that exist for people who are facing end-of-life decisions," said Kevin Diaz, president and CEO of the end-of-life advocacy group Compassion & Choices. "The goal is really to make sure that people have that full array of options because medical aid in dying ultimately is something that very few people pursue, but it gives people comfort knowing that it's available." New York is the 14th state, along with the District of Columbia, to legalize medical aid in dying. (Cordero, Politico, 8/5)
We're likely to see continued action and enforcement from the FTC when it comes to sharing sensitive health data. Read on for how FTC's focus on consumer privacy could impact healthcare.
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