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Array

This Week in eDiscovery: The Cost of Securing Sensitive Data, Responding to Discovery Issues

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 19-25. Here’s what’s...more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

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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

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

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

Davis Wright Tremaine LLP

Federal District Court Casts Doubt on HHS HIPAA Tracking Technology Guidance

The U.S. District Court for the Northern District of Texas ruled that HHS's December 1, 2022, guidance applying HIPAA to online tracking technologies is unlawful with respect to its treatment of certain combinations of...more

Holland & Hart LLP

Court Vacates HIPAA Online Tracking Guidance

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On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more

BCLP

New HHS Guidance on Cookies

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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

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

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

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On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

Stevens & Lee

HIPAA Implications of Using Web and App Data Tracking Tech

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The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) updated its guidance in mid-March on the “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” to highlight...more

King & Spalding

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA-Regulated Entities

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On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Bulletin revising its December 1, 2022 Guidance concerning the HIPAA obligations of covered entities and...more

McCarter & English, LLP

OCR Updates Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services updated its bulletin on the Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates. The...more

Bass, Berry & Sims PLC

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

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On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability...more

Goodwin

In Updated Guidance on Use of Tracking Technologies by HIPAA Regulated Entities, HHS-OCR Takes Expansive View of When Information...

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On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) revised its controversial December 2022 bulletin (the December 2022 Bulletin) regarding the use of tracking technologies by...more

Bressler, Amery & Ross, P.C.

OCR Issues Further Guidance on Use of Web Trackers by Regulated Entities

On March 18, 2024, The Office for Civil Rights OCR revised its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” and issued a bulletin to remind regulated entities and the...more

BakerHostetler

Lipstick on a Pig: OCR’s Cosmetic Revisions to Guidance on Tracking Technology in Healthcare Fail to Address Fundamental Issues

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When the U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR) issued its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” on Dec. 1, 2022 Original...more

McDermott Will & Emery

OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

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On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and...more

Constangy, Brooks, Smith & Prophete, LLP

DHHS Office of Civil Rights issues updated guidance on HIPAA requirements for the use of Online Tracking Technologies

On Monday, the U.S. Department of Health and Human Services Office for Civil Rights issued updated guidance on the use of online tracking technologies by covered entities and business associates (here, referred to as...more

Alston & Bird

More Guidance from HHS on Online Tracking Technologies but Questions Remain

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Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated...more

Robinson+Cole Health Law Diagnosis

OCR Updates Online Tracking Technologies HIPAA Guidance

On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) updated its guidance on the “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” (Guidance)....more

Davis Wright Tremaine LLP

OCR Updates Guidance on HIPAA and Online Tracking, But New Examples Lead to New Questions

Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...more

Holland & Knight LLP

OCR Updates Its Website Tracking Tool Guidance

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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 online tracking technologies by entities and business associates covered by the...more

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