In June 2023, the US Department of Health and Human Services briefly appealed and then withdrew its appeal against the Texas federal court's decision to block the enforcement of an OCR rule on tracking pixels issued earlier this year.
The American Hospital Association (AHA) and the US Department of Health and Human Services entered into a legal dispute centered around hospitals' use of online tracking technology. The HHS Office for Civil Rights issued a rule restricting covered entities from using tracking pixels used by websites and mobile apps to collect data like IP addresses. The rule is intended to safeguard patient privacy.
The AHA opposed the rule, arguing it overstepped legal boundaries and patient privacy. The AHA’s challenge led to the federal court in Texas blocking the enforcement of the rule. The HHS responded with an appeal against the courts decision but has unexpectedly withdrawn it without much public explanation. Some see the withdrawal as the AHA’s victory.
In a statement by the AHA General Counsel Chad Golder, “The American Hospital Association is pleased that the Office for Civil Rights has decided not to appeal the district court’s decision vacating the new rule adopted in its Online Tracking Technologies Bulletin. As the AHA repeatedly explained to OCR —both before and after OCR forced the AHA to file its lawsuit — this rule was a gross overreach by the federal government, imposed without any input from healthcare providers or the general public. Now that the Bulletin’s illegal rule has been vacated once and for all, hospitals can safely share reliable, accurate health care information with the communities they serve without the fear of federal civil and criminal penalties.”
There are many complexities and conflicts between technological advancements in the health sector. The HHS’s initial intent was to limit tracking pixels under HIPAA aimed at improving patient protections in response to increaing concerns around data breaches in the industry. The AHA’s successful challenge and the blocking of the rule by a Texas court brings to attention the potential risk tracking technology brings.
See also: HIPAA Compliant Email: The Definitive Guide
The OCR is a division of the HHS responsible for enforcing the federal laws that protect the right to privacy and nondiscrimination in healthcare.
The AHA is a national organization that represents and advocates for hospitals and healthcare networks.
Online tracking pixels are tiny graphics embedded in websites and emails that collect data about user behavior such as site visits and interactions. Commonly used for marketing and analytic purposes.