Lexology November 2, 2023
The American Hospital Association announced Nov. 2 that it filed a lawsuit against the Office for Civil Rights related to the agency’s guidance “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.”
The December 2022 guidance provides OCR’s view on tracking technologies and protected health information. Specifically, per the guidance, HIPAA covered entities and business associates are prohibited from using tracking technologies, such as Google Analytics, on its user-authenticated websites (e.g., patient portals) and, in certain circumstances, on its unauthenticated websites (e.g.,...