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July 10, 2024   

Texas Court Vacates Office for Civil Rights Guidance on Third-Party Website Tracking Technology

This Briefing is brought to you by AHLA’s Health Care Liability and Litigation and Health Information and Technology Practice Groups.
  • July 10, 2024
  • Leeann Habte , Best Best & Krieger
  • Oren Rosenthal , SCAN Group

On June 20, 2024, a federal district court judge in Texas declared unlawful and vacated part of the Office for Civil Rights (OCR) guidance of March 18, 2024 on the use of online tracking technologies by Health Insurance Portability and Accountability Act (HIPAA) Covered Entities and Business Associates. The court declared unlawful OCR’s expansive definition of individually identifiable health information (IIHI) and vacated that portion of the guidance related to use of tracking technology on unauthenticated webpages.

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