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Opinion & Order In American Hospital Association, Et Al v Xavier Becerra, Et Al
A United States District Court Judge in Texas today ruled in favor of the AHA, Texas Hospital Association, and hospital plaintiffs, agreeing that Department of Health and Human Services “bulletins” that restrict health care providers from using standard third-party web technologies that capture IP addresses on portions of their public-facing webpages were unlawful final rules and vacating the March 2024 Revised Bulletin.
HHS will not appeal AHA court victory in online tracking case
The U.S. Department of Health and Human Services will not appeal its loss in American Hospital Association v. Becerra. The AHA, joined by the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, last November sued HHS to bar enforcement of a new rule adopted in guidance by the Office for Civil Rights titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates,” which prevented hospitals and health systems from using standard third-party web technologies that capture IP addresses on key portions of their public-facing webpages.
Case Complaint: AHA, THA, THR, United Health Care System v. Rainer
The American Hospital Association and the Texas Hospital Association (Associations), along with Texas Health Resources and United Regional Health Care System (Hospitals), bring this action because the federal government is threatening to enforce against hospitals and health systems a new rule that is flawed as a matter of law, deficient as a matter of administrative process, and harmful as a matter of policy.