Last year, the American Hospital Association (AHA) sued the U.S. Department of Health and Human Services (HHS) in the U.S. District Court of the Northern District of Texas, requesting that HHS be barred from enforcing a new rule adopted by the Office for Civil Rights entitled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” The guidance prevented health care entities from deploying third-party web technologies that capture IP addresses.

The federal district court ruled in favor of the AHA, holding that the new rule was “promulgated in clear excess of HHS’s authority under HIPAA.” HHS appealed on August 19, 2024, but shortly thereafter rescinded it. Ten days after filing its notice of appeal, HHS withdrew it. The effect of this withdrawal is that the district court order remains in place, and the Office of Civil Rights is prohibited from enforcing the rule. Despite this development, hospitals and health care systems continue to get mired in litigation surrounding the use of pixel technology and continue to grapple with the use of online tracking technology.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.