BBK Partner Leeann Habte Analyzes Federal Court Decision on Office for Civil Rights Guidance for Online Tracking Technologies in HIPAA Compliance
The vacated ruling found that Office for Civil Rights (OCR) guidance unlawfully expanded HIPAA's definition of protected health information.
BBK Partner Leeann Habte authored an article for the American Health Law Association’s Health Care Liability and Litigation and Health Information and Technology Practice Groups analyzing a June 20, 2024, federal court ruling that vacated OCR's guidance on online tracking technologies for HIPAA entities. The court sided with the American Hospital Association, which argued the guidance illegally expanded HIPAA's definition of protected health information, creating new legal risks as it made access to internet protocol addresses obtained from web pages that do not require authentication available to everyone. This ruling concluded a year-long legal battle over OCR’s Original Bulletin first published on December 1, 2022.
On what this decision may mean for pending legal issues in the healthcare industry, Habte says, “The district court’s decision is unlikely to impact the many class action lawsuits currently pending against healthcare providers for using website cookies and pixels. This ruling affirms both the understanding and application of the definition of PHI and IIHI that existed prior to this revised bulletin.”
Members of the American Health Law Association can read the full article here.
Copyright 2024, American Health Law Association, Washington, DC. Reprint permission granted.
