Online Tracking Technology in Healthcare: Regulatory and Litigation Update, Revised OCR Guidance, Costly Settlements

Description

The use of online tracking technology on healthcare websites and apps is under heightened scrutiny by regulators who continue to focus on how this technology may be used while remaining compliant within HIPAA and FTC parameters. This technology has also become the focus of the plaintiffs' class action bar resulting in multi-million dollar settlements for targeted healthcare entities.

The HHS-OCR released updated guidance on Mar. 18, 2024 on the uses of tracking technology by HIPAA-regulated entities. The revisions focus on the agency's position related to the collection and disclosure of individually identifiable health information (IIHI) through a HIPAA-regulated entity's unauthenticated, public-facing webpages and clarify under what circumstances the identifying information resulting from a person's use of a website qualifies as IIHI. Similarly, the FTC continues to closely scrutinize the use of online tracking technology by HIPAA-covered and non-HIPAA-covered entities as demonstrated through the agency's guidance and high-profile enforcement actions over the last year.

The plaintiffs' class action bar has taken notice, filing high-profile suits such as the In Re: Meta Pixel Healthcare Litigation and other class action suits against healthcare providers that have cost millions of dollars to settle (e.g., Advocate Aurora Health's $12.25 million and Novant Health's $6.6 million recent settlements).

Listen as our expert panel provides an update on the most recent regulatory guidance related to the use of online tracking technology in healthcare. The panel will discuss recent agency enforcement actions and review notable class action litigation related to this technology. The panel will also discuss interaction with state/local laws and offer best practices for compliance.