On August 29, 2024, the Office for Civil Rights of the United States Department of Health and Human Services (“HHS-OCR”) withdrew its appeal of an order by the United States District Court for the Northern District of Texas’ (“District Court”) declaring unlawful and vacating a portion of an HHS-OCR Bulletin, “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” See Am. Hosp. Ass’n v. Becerra, No. 4:23-cv-1110 (N.D. Tex. June 20, 2024). At its core, the District Court declared that a portion of the HHS-OCR Bulletin was an overstep of the agency’s authority. While many in the health care industry may breathe a sigh of relief given the proliferation of class action lawsuits focused on tracking technologies and the evolving maze of regulation impacting the industry generally, it is unclear whether HHS-OCR will continue its newfound attempts to regulate the use of tracking technologies. Regardless, vigilance and caution around website tracking should continue to be exercised.
Read the full post on Proskauer’s Health Care Law Brief.
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