HHS withdraws appeal on rule limiting hospital use of web tracking technology

Editor's Note

The US Department of Health and Human Services (HHS) has withdrawn its appeal against a federal court decision that blocked a rule restricting hospitals from using tracking technology on their websites, HealthLeaders August 30 reports. This rule, proposed in December 2022 by the HHS Office for Civil Rights, aimed to prevent healthcare entities covered by the Health Insurance Portability and Accountability Act (HIPAA) from using tracking technologies in ways that could result in unauthorized disclosures of protected health information.

The American Hospital Association (AHA) and other groups challenged the rule, arguing it exceeded HHS' statutory authority and could hinder hospitals from using essential technologies like analytics software, video, translation services, and digital maps. These technologies are crucial for improving website usability and patient communication, the outlet noted. In June 2024, a federal district court in Texas ruled that the rule was an overreach under HIPAA, prompting HHS to withdraw its appeal.

The AHA welcomed this decision, stating the withdrawal allows hospitals to continue using common web tools without fearing federal, civil, or criminal penalties. This move ensures that hospitals are able to share healthcare information and maintain their web portals effectively while remaining compliant with existing regulations, the article concluded.