Update - Intensified Battle over OCR & FTC Tracking Tech Enforcement

Date: Monday December 11, 2023

10:00 AM PST | 01:00 PM EST

Duration: 60 Minutes
Instructor: Paul R. Hales
Webinar Id: 803771


One Attendee
Unlimited Attendees


One Attendee
Unlimited Attendees ?


Live + Recorded
$269 $318  
One Attendee
Live + Recorded
$599 $678  
Unlimited Attendees ?


Online Tracking Technologies capturing individual health information are suddenly in the cross hairs of government regulators and private people bringing class action lawsuits.

You may not know your organization is using Tracking Tech or you may not realize the risks of Tracking Tech. Attend this webinar to learn about Online Tracking Technologies and options to protect your organization.

Why you should Attend:
Suddenly, widespread Online Tracking Technologies on health care provider websites are in the crosshairs of government regulators and plaintiffs' lawyers.

Tracking Tech consists of tiny pieces of code that capture information from web site visitors and mobile health app users and can disclose an individual's PHI to organizations that are not bound by health information protection laws or authorized to receive or use the information. Private and academic studies found widespread presence of Tracking Tech on health care provider web sites, on health apps and even inside patient portals - indicating extraordinarily high levels of risk for providers and patients.

  • On December 1, 2022 OCR published guidance explaining how Tracking Tech can violate the HIPAA Privacy Rule
  • In 2023 the FTC announced surprising and significant health data breach enforcement actions based on violations due to Tracking Tech
  • On July 20, 2023, the FTC and HHS's Office for Civil Rights (OCR) joined to publicly warn 130 large health care providers about Tracking Tech on their web sites that may violate health privacy laws, singling out the Meta Pixel and Google analytics
  • Individuals are filing an increasing number of class action lawsuits based on Tracking Tech privacy violations. These lawsuits are the fastest growing, most aggressive and feared vehicles for protecting patient health privacy rights. No hospital wants its reputation harmed by a lawsuit. Some hospital systems quickly moved to settle the lawsuits with payments to members of the class and their attorneys
  • On November 2, 2023, the American Hospital Association (AHA) in a move it publicized widely, upped the ante by filing a federal lawsuit seeking to have OCR's December 1, 2022 Tracking Tech guidance declared illegal

Key Points
  • Online Tracking Technologies are newly recognized, dangerous threats to the healthcare industry, vendors and patients
  • Health care providers did understand the dire consequences of Tracking Tech on their web sites. Many did not know they were hosting Tracking Tech and many still don't even know about the problem
  • HHS warned covered entities and business associates that use of tracking tech must comply with HIPAA Rules and announced it is actively investigating potential violations right now
  • The FTC is suddenly an active enforcer of health privacy breaches. It completed major enforcement actions this year and is collaborating with OCR. Non-HIPAA regulated entities like commercial health apps are subject to the FTC's Health Breach Notification Rule. But all HIPAA regulated entities are also subject to the Federal Trade Commission Act

This webinar reviews Online Tracking Technologies, government and private enforcement, what to do and how to protect your organization going forward.

Areas Covered in the Session:
  • What is Online Tracking Technology?
  • How and why did health Tracking Tech become so widespread?
  • Current aggressive enforcement activities and controversies
    • OCR, FTC, Class Action Lawsuit
    • AHA Federal Lawsuit
  • Strategies to Protect Your Organization
    • Due Diligence
    • Addressing Tracking Tech Issues

Who Will Benefit:
  • Health Care Providers
  • Health Plans
  • Business Associates
  • Third Party Health Plan Administrators
  • Compliance Committee Members - Board of Directors
  • Executive Staff
    • Senior Management
    • HIPAA Compliance Officials - Privacy and Security Officers
    • Information Technology Managers
    • Practice and Office Managers
    • Patient Engagement Specialists
    • Risk Managers
    • Health Care Providers practicing as individuals or in small groups
    • Third Party Group Health Plan Administrators
    • Group Health Plan Administrators
    • Attorneys for Covered Entities - In - house and Outside Counsel

Speaker Profile
Paul R. Hales, J.D. is widely recognized for his expert knowledge and ability to explain the HIPAA Rules clearly in plain language. Paul is an attorney licensed to practice before the Supreme Court of the United States and a graduate of Columbia University Law School with an international practice in HIPAA privacy and security. He is the author of all content in The HIPAA E-Tool®, an Internet-based, complete HIPAA compliance solution with separate editions for Covered Entities, Business Associates, Health Plans and Third Party Administrators.

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