Lexology January 2, 2023
Jackson Lewis PC

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). The OCR Bulletin follows a significant uptick in litigation concerning these technologies in industries including but not limited to the healthcare. For healthcare entities, the allegations relate to the sharing of patient data obtained from patient portals and websites.

THE OCR BULLETIN

A Few Reminders

Before digging into the OCR Bulletin, let’s remember a few basic HIPAA rules:

  • In general, the HIPAA privacy and security regulations (the “HIPAA rules”) apply only to “covered entities” and “business...

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