American Hospital Association (AHA), in partnership with the Texas Hospital Association and two nonprofit Texas health systems, has filed a lawsuit against the US Department of Health and Human Services (HHS). The lawsuit challenges the recent guidance issued by the Biden administration that prohibits hospitals and medical providers from using website trackers. This development has sparked a debate surrounding privacy, healthcare transparency, and the use of technology in the medical sector.
The lawsuit argues that HHS exceeded its authority when it released the guidance in December. It specifically raises concerns about the use of third-party technology companies, such as Google and Meta, to collect and analyze internet protocol (IP) addresses and other information from visitors to public-facing websites or apps of healthcare providers. The guidance suggests that this data collection could potentially violate the Health Insurance Portability and Accountability Act (HIPAA), which is designed to protect individuals’ private health information.
The severity of the issue is emphasized by Chad Golder, AHA Deputy General Counsel, who warns that the HHS has already taken enforcement actions based on this guidance. Such actions could result in significant fines for hospitals and medical providers. Violating HIPAA can lead to fines, with each disclosed IP address potentially incurring penalties.
In fact, several hospitals have already faced proposed class action lawsuits accusing them of mishandling personal health information through the use of these trackers.
The heart of the lawsuit lies in the classification of the information collected by third-party trackers. The AHA and its co-plaintiffs argue that this data should not be considered “individually identifiable health information” protected by HIPAA. They are seeking a declaration to support their argument and are also requesting a permanent injunction to prevent HHS from enforcing the guidance.
It is important to note that the HHS guidance only applies to public-facing websites and apps, exempting patient portals and password-secured sites. The issued bulletin by the HHS Office of Civil Rights highlights concerns about the proliferation of trackers on healthcare websites, which can potentially expose sensitive patient data. This exposure poses risks such as identity theft, discrimination, and other detrimental consequences, which necessitate regulatory intervention.
The AHA and its co-plaintiffs contend that they use trackers for legitimate purposes, such as providing videos about health conditions, translation tools for website content, and mapping technology to assist potential patients in locating healthcare facilities. They argue that implementing the guidance would force healthcare providers to remove these tools, potentially limiting the information they can share with the public.
One crucial argument made by the plaintiffs is that the guidance was introduced without allowing medical providers and industry stakeholders to provide feedback or engage in a dialogue with HHS. Multiple unsuccessful attempts to communicate their concerns led the AHA to file the lawsuit.
The response from HHS to the lawsuit has not yet been issued. This ongoing legal battle raises important questions about privacy, healthcare transparency, and the appropriate use of technology in the medical field.
Tech Times will continue to follow this development closely.
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References:
– Reuters: [US hospital groups sue Biden administration to block ban on web trackers](https://www.reuters.com/world/us/us-hospital-groups-sue-biden-administration-block-ban-web-trackers-2023-11-02/)
– HHS: [HIPAA and Online Tracking](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-online-tracking/index.html)
– CDC: [Health Insurance Portability and Accountability Act (HIPAA)](https://www.cdc.gov/phlp/publications/topic/hipaa.html)
– Tech Times: [Uber, Lyft to Shell Out $328 Million in Landmark Settlement for Driver Pay, Benefits Scandal](https://www.techtimes.com/articles/298237/20231102/uber-lyft-shell-out-328-million-landmark-settlement-driver-pay.htm)
– Tech Times: [VP Kamala Harris Announces US Initiative to Combat Robocalls Using Artificial Intelligence](https://www.techtimes.com/articles/298204/20231101/vp-kamala-harris-announces-initiative-combat-robocalls-using-artificial-intelligence.htm)
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