HHS Has Updated Its Guidance: What It Means for Your Organization

April 8, 2024

// By Rachael Sauceman //

Sauceman-RachaelThe guidance gives some reassurance and some red flags for healthcare marketers when it comes to tracking technologies, sharing consumer data, and maintaining HIPAA compliance.

The U.S. Department of Health & Human Services (HHS) has just offered its first update to its 2022 guidance on online tracking technologies and HIPAA compliance.

Its original guidance in December 2022 sent many healthcare marketers reeling as they scrambled to find information and solutions to adjust long-accepted marketing data collection norms. After issuing the guidance, HHS sent a letter to 100 health systems nationwide notifying them of the new standards.

Later, in 2023, the American Hospital Association appealed to Congress and then filed a lawsuit demanding that HHS walk back the far-reaching impact of the guidance.

The March 18, 2024 updates cover tracking on user-authenticated webpages, tracking on unauthenticated webpages, and tracking within mobile apps. Given that they offer clarification only on the 2022 language, many speculate that HHS is signaling its intention to remain firm.

Let’s explore the updates and what they mean for healthcare organizations.

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