US hospital groups sue Biden administration to block ban on web trackers

 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 (AHA), 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 (HHS) in federal court in Fort Worth, Texas. The lawsuit accuses the agency of overstepping its authority when it issued the guidance in December.

The guidance warns healthcare providers that allowing a third-party technology company like Google or Meta to collect and analyze internet protocol (IP) addresses and other information from visitors to their public websites or apps could be a violation of the Health Insurance Portability and Accountability Act (HIPAA). That federal law bans the public disclosure of individuals' private health information to protect them against discrimination, stigma or other negative consequences.

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.

Court records show several hospitals have been hit with proposed class actions that cite the guidance, accusing them of mishandling personal health information through the use of these trackers.

Thursday's lawsuit seeks 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.

https://news.yahoo.com/us-hospital-groups-sue-biden-151435608.html