In a Westlaw Today article, health care partner and co-chair Deborah Gersh, health care partner Jennifer Romig and health care associate Jamie Darch analyzed the Department of Health and Human Services Office for Civil Rights' (OCR) updated guidance on online tracking technology for entities subject to the Health Insurance Portability and Accountability Act.
The updated guidance attempts to further explain and support OCR's position with respect to protected health information collected by a regulated entity's unauthenticated webpages, as well as potentially expanding the guidance with respect to mobile apps.
The authors note the American Hospital Association's lawsuit challenging OCR's original guidance is still pending. This case should be closely monitored, as a decision in the plaintiff's favor has the potential to rein in the scope of OCR's guidance for regulated entities using online tracking technologies on unauthenticated pages.
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