HHS Tweaks Online-Tracking Guidance After Hospitals’ Lawsuit

Updated guidance from the US Department of Health and Human Services seeks to clarify how health-care providers can use online tracking technologies without violating federal patient-privacy protections after hospitals sued the agency, accusing it of regulatory overreach.

The HHS’ Office for Civil Rights offered the new information related to compliance with the 1996 Health Insurance Portability and Accountability Act in an update to guidance initially published in a December 2022 bulletin. The revisions added a section on the office’s enforcement priorities when providers deploy digital analytics and advertising tools, and included more qualifying language.

The changes come after four hospital ...