On March 19, 2024, an updated guidance was issued by the US Department of Health and Human Services (HHS) aiming to clarify the implementation of online tracking technologies by health-care providers, so as to avoid violating federal patient-privacy protections. This move comes in the wake of a lawsuit filed by hospital groups against the agency, alleging regulatory overreach.
The Office for Civil Rights at HHS has provided new information pertaining to the compliance with the 1996 Health Insurance Portability and Accountability Act. This has been disseminated through an update to the guidance initially published in a December 2022 bulletin. The latest revisions have introduced a section focusing on the office’s enforcement priorities when providers make use of digital analytics and advertising tools. Moreover, additional qualifying language has also been included.
The alterations have been implemented as a result of four leading hospitals suing the HHS, claiming that the agency had overstepped its authority. The HHS has responded to these allegations through its updated guidelines, aimed at bringing clarity and thereby, rendering the matter moot.
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