Lexology June 27, 2024
On Thursday, June 20, 2024, the United States District Court for the Northern District of Texas (“the Court”) issued a ruling in a case that could have significant implications for enforcement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The case, which was brought by the American Hospital Association (“AHA”), the Texas Hospital Association and two Texas-based health systems, challenged the validity of the Bulletin that the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued regarding the use of online tracking technologies by HIPAA-regulated entities. The Court ruled that HHS exceeded its statutory authority with respect to certain aspects of the Bulletin and granted the AHA’s request for declaratory judgment. The...