OCR’s Updated Tracking Technology Guidance
- April 12, 2024
- Carolyn V. Metnick , Sheppard Mullin Richter & Hampton LLP
On March 18 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) updated its guidance on the use of tracking technologies.[1] Unfortunately, the updated guidance provides little clarity to Health Insurance Portability and Accountability Act (HIPAA)-regulated entities, many of which continue to grapple with the questions of whether their third-party tracking technologies on websites, portals, and applications receive protected health information (PHI) and whether the deployment of the technologies resulted in an impermissible use or disclosure of PHI to a third-party tracking technology vendor in violation of HIPAA.
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