The biggest U.S. hospital lobbying group on Thursday sued the Biden administration over new guidance barring hospitals and other medical providers from using trackers to monitor users on their websites.
The American Hospital Association , along with the Texas Hospital Association and two nonprofit Texas health systems, filed a lawsuit against the U.S. Department of Health and Human Services in federal court in Fort Worth, Texas. The lawsuit accuses the agency of overstepping its authority when it issued the guidance in December.
AHA Deputy General Counsel Chad Golder told Reuters his group, which represents more than 5,000 hospitals nationwide, knows that HHS has instigated several enforcement actions under the guidance. The penalties for violating HIPAA can be hefty, as the fines -- which could be in the thousands, according to HHS -- would be assessed for each IP address disclosed to a third party, Golder said.
Thursday's lawsuit is seeking a declaration that the information collected by third-party trackers, like Google Analytics or Meta Pixel, is not “individually identifiable health information,” which is protected by HIPAA. It is also asking for a permanent injunction barring HHS from enforcing the guidance.The guidance addresses the hospitals’ public-facing websites, not patient portals or sites protected by a password.
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