Judge Rules in Favor of AHA in Lawsuit Against HHS

Yesterday, a United States District Court Judge in Texas ruled in favor of the AHA, Texas Hospital Association and hospital plaintiffs regarding the bulletins published by the Department of Health and Human Services during 2022 and 2023.  These bulletins restricted healthcare providers from using standard tracking technologies, specifically Google’s “GA4” and Meta’s pixel. Over the last few months, organizations have rushed to move away from these platforms in pursuit of applications willing to sign BAAs and anonymize data before optimization. The battle between AHA and the Office of Civil Rights has showcased the fine line between what efforts invade patient privacy and what allows patients to be reached with reliable health education.  The court ruling highlights the inappropriateness of enforcing rules you don’t follow and deems the bulletins themselves an overreach of authority by the HHS.


Were Your Adjustments in the Name of Compliance in Vain?

Do not doubt that changes in light of these bulletins were not made in vain. Target Continuum continues to recommend the removal of GA4 and Meta pixels and the installation of Mixpanel.  The battle is not over yet and Mixpanel is a small cost to pay to ensure HIPAA compliance without sacrificing campaign optimization. We will continue to monitor the lawsuit and work with our clients to maximize campaign optimization and success while protecting patient rights and privacy.


Read more: https://www.aha.org/news/news/2024-06-20-judge-rules-favor-aha-vacating-hhs-online-tracking-bulletin-unlawful-and-beyond-agency-authority

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