Manatt Health April 11, 2023
Alexander Dworkowitz, Scott T. Lashway

Covered entities are used to ensuring that many different facets of their operations comply with Health Insurance Portability and Accountability Act (HIPAA) rules. Among other things, covered entities must ensure that they provide individuals with access to protected health information (PHI) in accordance with HIPAA, that they obtain authorization for the use and disclosure of PHI when necessary, that they maintain PHI securely, and that they timely and appropriately report breaches of PHI.

But recently, a new area of HIPAA compliance has come into prominence: ensuring that the use of tracking technologies on covered entity websites does not result in the improper disclosure of PHI to technology vendors. As summarized below, it is critical for HIPAA covered entities to evaluate...

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