News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Web Tracking

Robinson+Cole Data Privacy + Security Insider

HHS Drops Appeal of Tracking Technology Case

Last year, the American Hospital Association (AHA) sued the U.S. Department of Health and Human Services (HHS) in the U.S. District Court of the Northern District of Texas, requesting that HHS be barred from enforcing a new...more

King & Spalding

HHS Abandons Appeal of AHA’s Lawsuit Challenging HHS Website-Tracking Guidance

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Last week, HHS filed a motion asking the Fifth Circuit’s permission to voluntarily dismiss its appeal of a District Court order directing HHS to rescind its guidance restricting hospitals’ ability to track online traffic to...more

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

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On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

Fox Rothschild LLP

The Top 10 Privacy Law Issues From Last Month

Fox Rothschild LLP on

These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2024

Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more

Polsinelli

HHS HIPAA Web-Tracking Guidance Takes a Step Back, While Providers Grapple with Latest Challenges

Polsinelli on

In a narrow but significant ruling in American Hospital Association et al. v. Xavier Becerra, et al., No. 4:23-cv-01110-P, the U.S. District Court for the Northern District of Texas (Hon. Mark T. Pittman) ruled that one...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

Goodwin on

On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

BakerHostetler

Northern District of Texas Flashes the ‘Blue Lights’ on OCR’s Pixel Guidance

BakerHostetler on

On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more

Clark Hill PLC

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

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Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

Venable LLP

Federal Court Strikes Blow to HHS Guidance on “Online Tracking Technologies”

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Last week, a federal district court in Texas issued a decision declaring unlawful and vacating a central component of a guidance document (the Bulletin) from the Department of Health and Human Services (HHS) Office for Civil...more

Holland & Knight LLP

American Hospital Assn. v. Becerra: Are Tracking Tools OK Again? Court Dials Back OCR Bulletin

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A recent federal court decision is a victory for Health Insurance Portability and Accountability Act (HIPAA) covered entities using third-party tracking tools on unauthenticated webpages. These are websites available to the...more

Shook, Hardy & Bacon L.L.P.

Court Vacates Key Portion of OCR’s Online Tracking Tool Guidance

On June 20, 2024, a federal court vacated key portions of regulatory guidance on the treatment of information collected by online tracking tools. At issue was the U.S. Department of Health and Human Services Office for Civil...more

Wilson Sonsini Goodrich & Rosati

Texas District Court Vacates OCR's HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision

On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

Hogan Lovells

Federal court strikes blow to expansive OCR web tracking position

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The ability of OCR to enforce expansive portions of its controversial web tracking guidance has been severely limited. A federal district court ruled that the guidance exceeded the agency’s authority, and in particular...more

Sheppard Mullin Richter & Hampton LLP

HIPAA Web Tracking Guidance Vacated

Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”)...more

BCLP

New HHS Guidance on Cookies

BCLP on

On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

Mintz on

In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Perspectives from Cybersecurity Regulators

Paul Hastings LLP on

On May 8, 2024, Paul Hastings Hosted the Cybersecurity Law Workshop at this spring’s Privacy + Security Forum with a panel on perspectives from cybersecurity regulators. The panel was moderated by Paul Hastings Global Chair...more

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

Woods Rogers

HHS Updates Its Guidance on Online Tracking Technologies – Controversy Remains

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The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other...more

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

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On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more

Clark Hill PLC

Right To Know - April 2024, Vol. 16

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

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