BakerHostetler writes:
As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking technologies” on the public websites of HIPAA-covered entities. Fueled by this guidance, healthcare providers have faced a dual threat of regulatory inquiries and widespread class-action litigation.
A recently filed lawsuit is challenging this regulatory guidance, arguing that the Bulletin exceeds the OCR’s regulatory authority and violates administrative law because it is arbitrary and capricious and was issued without proper notice and comment. See Am. Hosp. Assn. et al. v. Becerra et al., No. 4:23-cv-01110 (N.D. Tex. filed Nov. 2, 2023).
On Jan. 12, a team of BakerHostetler attorneys, including Lynn Sessions, Paul Karlsgodt, David Carney, Tamara Baggett, Kyle Cutts, Michelle Gomez, Stefanie Ferrari, and Andrew Thompson, filed an amicus brief on behalf of 30 hospitals, health systems and healthcare providers, supporting the plaintiffs’ position and urging the court to set aside the Bulletin.
Read more about the lawsuit at Data Counsel.