AHA files brief in its challenge to HHS online tracking rule

The AHA Jan. 5 filed its opening brief in its lawsuit challenging a December 2022 rule issued by the Department of Health and Human Services’ Office for Civil Rights that restricts the use of standard third-party web technologies that capture IP addresses on portions of hospitals’ public-facing webpages. The brief argues that the rule exceeds the government’s authority under HIPAA, violates the Administrative Procedure Act, and injures the people it purports to protect. 

“A gross overreach by the federal bureaucracy, imposed without any input from healthcare providers or the general public, this new rule is being actively enforced by HHS against hospitals and health systems across the country, even while the federal government’s own healthcare providers continue to use these purportedly prohibited technologies on their own webpages,” the brief states. “This Court should declare the rule unlawful and enjoin its enforcement against Plaintiffs Texas Health Resources and United Regional Health Care System (the Hospitals) and the other members of the American Hospital Association and the Texas Hospital Association (the Associations).” 

Joined by the other plaintiffs, AHA in November sued HHS’ Office for Civil Rights to stop enforcement of the rule. For more on the case, visit aha.org.