HHS Voluntarily Dismisses Appeal in Online Tracking Technology Lawsuit

On August 29, 2024, HHS voluntarily dismissed its appeal in American Hospital Association v. Becerra, approximately one week after it filed its notice to appeal the Northern District of Texas’s decision holding that  HHS’s guidance limiting tracking technology on hospitals’ websites exceeded the agency’s authority under HIPAA. The case, brought by the AHA, Texas Hospital Association, Texas Health Resources, and United Regional Care System, centered on HHS Office of Civil Rights (OCR)  guidance titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates”, which limited providers’ use of standard third-party technology embedded on their public-facing websites that would gather information about user behavior, including alleged sensitive information about users’ health conditions. Hospitals have argued that this technology helps them advertise medical information to individuals who visit their sites and help them find services. As a result of HHS’s dismissal, the OCR guidance will be vacated.