Lexology March 19, 2024
Holland & Knight LLP

Highlights

  • The U.S. Department of Health and Human Services Office for Civil Rights (OCR), which enforces the Health Insurance Portability and Accountability Act (HIPAA), has issued an update to its prior guidance on the uses of tracking technologies by healthcare companies.
  • Clarification by OCR that the purpose for a person’s website visit determines whether information is protected health information provides cold comfort to healthcare companies that have no process for divining the website visitor’s intent.
  • OCR has doubled down on enforcement by prioritizing compliance with the HIPAA Security Rule in its tracking technology investigations.

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued updated guidance on March 18, 2024, regarding the use of...

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