On June 20, a federal judge in Texas ruled that HHS' guidance prohibiting the use of third-party online tracking technologies on hospitals' public-facing web pages is unlawful.
U.S. District Judge Mark Pittman determined that the HHS exceeded its authority with the 2022 guidance, aligning his decision with the positions of the American Hospital Association, Texas Hospital Association, Texas Health Resources and United Regional Health Care System.
This ruling follows a lawsuit filed in 2023 by the AHA, Texas Hospital Association, Texas Health Resources and United Regional Health Care System against the HHS. The plaintiffs sought to block enforcement of the bulletin, arguing that the guidance restricted the use of standard web technologies that capture IP addresses without proper regulatory authority, thereby hindering hospitals' ability to share crucial health information with their communities.
Mr. Pittman's decision effectively overturns the guidance, allowing hospitals to resume utilizing these technologies, as outlined in court documents.