On August 29, 2024, the Office for Civil Rights of the United States Department of Health and Human Services (“HHS-OCR”) withdrew its appeal of an order by the United States District Court for the Northern District of Texas’ (“District Court”) declaring unlawful and vacating a portion of an HHS-OCR Bulletin, “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” See Am. Hosp. Ass’n v. Becerra, No. 4:23-cv-1110 (N.D. Tex. June 20, 2024). At its core, the District Court declared that a portion of the HHS-OCR Bulletin was an overstep of the agency’s authority. While many in the health care industry may breathe a sigh of relief given the proliferation of class action lawsuits focused on tracking technologies and the evolving maze of regulation impacting the industry generally, it is unclear whether HHS-OCR will continue its newfound attempts to regulate the use of tracking technologies. Regardless, vigilance and caution around website tracking should continue to be exercised.
