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Hospital group calls HHS' web tracking rules unlawful

April 17, 2024
Beckers Hospital Review
Contributed by: Drex DeFord
The American Hospital Association (AHA) has taken legal action against the Department of Health and Human Services (HHS) for its bulletin on the use of online tracking technologies by HIPAA-covered entities, labeling it as both "substantively and procedurally unlawful." The AHA criticizes the HHS's restrictions on healthcare organizations' ability to use third-party web tracking technologies, which could collect visitors' IP addresses, arguing that such limitations could hinder healthcare providers from disseminating important health information. Despite HHS issuing a revised bulletin in response to legal challenges, the AHA contends that the changes are insufficient and maintain the original bulletin's flaws. The organization, alongside others, has sued HHS to prevent the enforcement of what it views as overreaching regulatory measures that could affect how healthcare entities communicate with their communities.
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