Biden-Era Policy Against Hospital Web Trackers Unlawful, Judge Rules
A federal judge in Texas has ruled that a policy issued under President Joe Biden's administration that prevented hospitals from using online tracking technologies is unlawful. Judge Mark Pittman sided with two hospital trade groups, including the American Hospital Association, and found that the U.S. Department of Health and Human Services (HHS) overstepped its authority with this policy.
Understanding the Policy
The guidance issued in 2022 warned healthcare providers that allowing third-party technology companies to collect and analyze data from their websites might violate the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is a 1996 federal law that protects individuals' private health information from being publicly disclosed to avoid discrimination or other negative consequences. Hospitals that violate HIPAA can face penalties.
Judge's Ruling
However, Judge Pittman, an appointee of Republican former President Donald Trump, argued that HHS overreached by including metadata from a user's search on public websites as "individually identifiable health information" covered by HIPAA. He stated, "To hold otherwise would empower HHS and other executive entities to take increasingly expansive liberties with the finite authority granted to them." The judge did not want to set what he considered a precedent for such expansive interpretation of the law.
Impact of the Ruling
The judge has vacated the guidance, which implies it is no longer valid. HHS had recently revised the guidance after the American Hospital Association and its co-plaintiffs filed their lawsuit in November. Chad Golder, AHA’s general counsel, stated that the ruling means "hospitals and health systems will again be able to rely on these important technologies to provide their communities with reliable, accurate health care information."
Background and Reaction
The policy was issued during a time when hospitals were facing class actions accusing them of mishandling patients' information with the use of third-party analytics technologies. HHS argued that the guidance was non-binding and later revised it to show it didn't "have the force and effect of law." But Judge Pittman remarked that such guidance could still guide mandatory legal obligations, calling it a "Trojan horse" for bureaucratic changes.
Conclusion
This ruling represents a significant win for hospitals and healthcare providers challenging the Biden administration’s tech policies. It showcases ongoing legal battles over how new interpretations of laws like HIPAA are applied in the digital age.
Keywords: Biden, hospital web trackers, unlawful, federal judge, HIPAA, HHS, metadata, American Hospital Association, online tracking technologies, health information.
