Is OCR Correct That Website Metadata Is Regulated by HIPAA? Chicago Federal Court Asks

The plaintiff’s bar continues to bring new wiretapping claims over pixels and analytics programs in courts around the country, including against hospitals and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA). This comes, in part, on the heels of the Department of Health and Human Services’ (HHS) December 2022 bulletin on tracking technologies and the more recent joint HHS–Federal Trade Commission (FTC) letter to website and application providers on the…
By: Manatt, Phelps & Phillips, LLP