Lexology November 21, 2023
On November 2, 2023, the American Hospital Association (AHA) – alongside the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System – brought a lawsuit against the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) to block enforcement of its December 2022 bulletin (the “Bulletin”), which provided OCR’s interpretation of how the Health Insurance Portability and Accountability Act (HIPAA) applied to covered entities’ and business associates’ use of tracking pixels on websites and mobile apps.
In the Bulletin, OCR emphasized that “[r]egulated entities are not permitted to use tracking technologies in a manner that would result in impermissible disclosures of PHI to tracking technology vendors or any other violations of the HIPAA Rules.”...
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