GoodRx

• GoodRx (NASDAQ: GDRX), a leading resource for healthcare savings and information, today announced a new initiative at Walgreens to reduce prices on nearly 200 prescription medications by an average of 40%, with even greater savings available for select medications.
• Consumers can now purchase many popular prescriptions at Walgreens for less than $15 for a 30-day fill, without any deductibles, restrictions, paperwork, approvals or quantity limitations.
• View the full release here: https://www.businesswire.com/news/home/20230911100555/en/
  GoodRx offers more savings on common prescriptions at Walgreens.
• “Americans shouldn’t have to jump through hoops to be able to afford their medications,” said Jim Sheninger, Pharmacy Strategy Officer of GoodRx.

• GoodRx (NASDAQ: GDRX), a leading resource for healthcare savings and information, today announced the launch of real-time benefit check (RTBC) in Provider Mode .
• In addition, GoodRx has made it easy to quickly locate crucial patient enrollment forms for Hub and PAP within Provider Mode.
• Provider Mode brings valuable medication access and savings solutions to our HCP audience at the point of prescribing.
• Real-time benefit check is now live in Provider Mode for hundreds of brand and specialty drugs, with expanded coverage in the near future.

Protecting the privacy of health information: A baker’s dozen takeaways from FTC cases

• In the past few months, the FTC has announced case after case involving consumers’ sensitive health data, alleging violations of both Section 5 of the FTC Act and the FTC’s Health Breach Notification Rule.
• The privacy of health information is top of mind for consumers – and so it’s top of mind for the FTC.

Health Privacy: The Basics

• Rather, it’s anything that conveys information – or enables an inference – about a consumer’s health.
• Indeed, Premom, BetterHelp, GoodRx, and Flo Health make clear that the fact that a consumer is using a particular health-related app or website – one related to mental health or fertility, for example – or how they interact with that app (say, turning “pregnancy mode” on or off) may itself be health information.
• Our guidance on health and location highlights the fact that location data can convey health information.
• For example, repeated trips to a cancer treatment facility may convey highly sensitive information about an individual’s health.
• To stay on the right side of the FTC Act, take a broad view of what constitutes health data and protect it accordingly.
• Your obligation to protect the privacy of health information is a given.  The need for privacy-by-design is (or should be!)

HIPAA-related claims

• “HIPAA Compliant,” “HIPAA Secure,” and similar claims may deceive consumers.  Compliance with HIPAA, the national law protecting the privacy of certain health information, has become a shorthand among patients and providers alike for health privacy protection.
• Not surprisingly, companies offering health-related products and services often want to tout HIPAA compliance to give consumers comfort – even if these companies aren’t actually covered by HIPAA or aren’t actually complying with HIPAA.
• FTC enforcement actions like GoodRx, BetterHelp, Henry Schein, and SkyMed make clear that HIPAA claims like that may deceive consumers, whether those consumers are health care providers (like the dentists in Henry Schein) or regular people (like the therapy patients in BetterHelp).
• In ECM, the FTC proved in court that a company that gave its business customers labels and certificates bearing false claims about biodegradability had provided “the means and instrumentalities” to deceive downstream consumers.

Other Health Privacy Practices

•  It may be tempting to use your privacy policy to reserve the right to change your health data practices, so that any continued use of your service constitutes “consent” to the changes.
• The FTC’s action in Vitagene makes clear that’s not a lawful means for obtaining consent for material retroactive privacy policy changes.
• Hidden euphemisms don’t cut it.  Rather than living up to their legal obligation to tell consumers the whole truth, some companies hide key terms about data practices in dense privacy policies or terms of service filled with ambiguous language that cloaks how they really use consumers’ health information.
• The orders in our recent health privacy cases uniformly require affirmative express consent – consent that can be obtained only following a clear and conspicuous disclosure of all material facts.

Health privacy: A top priority for the FTC – and for your company

• GoodRx Holdings, Inc. (Nasdaq: GDRX) (“GoodRx” or the “Company”), a leading resource for healthcare savings and information, has released its financial results for the second quarter 2023.
• As of June 30, 2023, GoodRx had cash and cash equivalents of $762.0 million and total outstanding debt of $663.6 million.
• During the second quarter of 2023, we repurchased $8.9 million in shares of Class A common stock, representing approximately 1.7 million shares.
• For the third quarter and full year 2023, management is anticipating the following: