News & Analysis as of

Department of Health and Human Services (HHS) Office of Civil Rights Websites

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

McDermott Will & Emery on

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

Goodwin on

On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

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On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

Troutman Pepper

Great Expectations: HIPAA-Regulated Entities Asked to Know Users' Intent on Unauthenticated Webpages

Troutman Pepper on

On March 18, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued an updated bulletin to "increase clarity for regulated entities and the public" with respect to the use of online tracking...more

Goodwin

In Updated Guidance on Use of Tracking Technologies by HIPAA Regulated Entities, HHS-OCR Takes Expansive View of When Information...

Goodwin on

On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) revised its controversial December 2022 bulletin (the December 2022 Bulletin) regarding the use of tracking technologies by...more

McDermott Will & Emery

OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

McDermott Will & Emery on

On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and...more

Constangy, Brooks, Smith & Prophete, LLP

DHHS Office of Civil Rights issues updated guidance on HIPAA requirements for the use of Online Tracking Technologies

On Monday, the U.S. Department of Health and Human Services Office for Civil Rights issued updated guidance on the use of online tracking technologies by covered entities and business associates (here, referred to as...more

Holland & Knight LLP

OCR Updates Its Website Tracking Tool Guidance

Holland & Knight LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued updated guidance on March 18, 2024 regarding the use of online tracking technologies by entities and business associates covered by the...more

BakerHostetler

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

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As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking...more

ArentFox Schiff

California Adopts Privacy Protections for Digital Reproductive and Sexual Health Information

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With the recent passage of Assembly Bill (AB) 254 and AB 1697, California’s Confidentiality of Medical Information Act (CMIA) will extend privacy protections to reproductive and sexual health information on mobile...more

Ankura

DHHS OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers Regarding Privacy and Security Risks

Ankura on

On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

McDermott Will & Emery

FTC and HHS-OCR Spotlight Use of Tracking Tech by Healthcare Providers

McDermott Will & Emery on

On Thursday, July 20, 2023, the Federal Trade Commission and HHS Office for Civil Rights issued a rare joint press release announcing that approximately 130 hospital systems and telehealth providers received a letter alerting...more

Ankura

[Webinar] Do Cookies Collect PHI? A Deep Dive into the OCR Bulletin on Online Tracking Technologies - February 22nd, 1:00 pm -...

Ankura on

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin (Dec. 2022) outlining the obligations for HIPAA covered entities and businesses when deploying online tracking...more

ArentFox Schiff

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

ArentFox Schiff on

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

Faegre Drinker Biddle & Reath LLP

Get Your Questions Ready

A lot has changed since the HIPAA Privacy Rule was finalized in 2002 and the HIPAA Security Rule was finalized a year later in 2003. The iPhone had not been released (that happened in 2007), Apple had just released the...more

BakerHostetler

OCR Updates Breach Report Web Portal — Changes Could Impact Annual Breach Reports

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently launched an updated version of the portal covered entities must use to notify OCR regarding a breach of unsecured protected health...more

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