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June 25, 2024

HHS policy against hospital web trackers rule unlawful

Fierce Healthcare
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Summary
A federal judge in Texas ruled against a 2022 guidance from the Department of Health and Human Services (HHS) that restricted the use of third-party online tracking technologies on hospital websites, siding with the American Hospital Association and other plaintiffs. The HHS had issued this guidance to prevent potential violations of the Health Insurance Portability and Accountability Act (HIPAA) due to patient data exposure through tools like Google Analytics and Meta Pixel. The American Hospital Association argued the guidance was unlawful and hindered hospitals' ability to share information and improve public health. The judge agreed, stating the HHS overstepped its authority and vacated the guidance, allowing hospitals to again utilize these web tracking tools.

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