AHA (and others) File Lawsuit Against HHS Regulations

The American Hospital Association (AHA) and allies filed a lawsuit against the U.S. Health and Human Services Office for Civil Rights (OCR). In late 2022, OCR  released guidance that prevented the use of online tracking pixels on both websites and mobile apps. This lawsuit seeks to block enforcement of HIPAA guidance regarding online-tracking technologies. Essentially, the HHS uses many of the same technologies on their own health sites for Medicaid, Medicare and veteran health services. 

In its filing the AHA claims that it is “A gross overreach by the federal bureaucracy, imposed without any input from the public or the healthcare providers most impacted by it, the HHS rule exceeds the government’s statutory and constitutional authority, fails to satisfy the requirements for agency rulemaking, and harms the very people it purports to protect.”

What you need to know:

HIPAA compliance while maximizing patient outreach and education can be difficult. At Target Continuum, we will continue to remain HIPAA compliant in all of our operations independently and across all 850+ healthcare sites. While the removal of these regulations would allow for an expansion in remarketing services, we do not recommend clients press the brakes on HIPAA compliance in marketing efforts. This lawsuit is likely not to see a resolution for a long time, and organizations are better off being safe in the meantime.

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