HHS has appealed a court ruling that disallowed the agency from prohibiting hospital websites' use of consumer-tracking technology.
Attorneys with the Justice Department's civil division filed the appeal Aug. 19 in federal appeals court following a judge's June order striking down HHS' guidance to hospitals on the tracking technology.
After many hospital and health system websites were found to be using so-called pixel technology that gathers information on visitors, HHS said in 2022 that healthcare organizations that transmitted data to technology companies without users' consent could be violating HIPAA.
The American Hospital Association and two health systems — Arlington-based Texas Health Resources and Wichita Falls, Texas-based United Regional Health Care — sued to overturn the rule, calling it "unlawful" and a "gross overreach" and asserting that the technology gives healthcare organizations valuable insights into the health of their communities. Thirty hospitals and health systems filed a brief in favor of the lawsuit.
U.S. District Judge Mark Pittman, of the Northern District of Texas, agreed, ruling that HHS overextended its authority and allowing health systems to continue using the technology.
Becker's reached out to HHS and the American Hospital Association for comment about the appeal.