The American Hospital Association (AHA), the nation’s largest hospital lobby, is suing the Biden administration over a U.S. Department of Health and Human Services(HHS) rule that bars providers from using tracking cookies to monitor user habits online. The AHA claims the HHS overstepped its authority in issuing the guidance, which was announced in December of 2022.
Joining the AHA is the largest hospital lobby in Texas, the Texas Hospital Association, along with two health systems located in the state. The lawsuit was filed in federal court in Fort Worth, Texas.
“The Department of Health and Human Services’ new rule restricting the use of critical third-party technologies has real-world impacts on the public, who are now unable to access vital health information,” AHA President and CEO Rick Pollack said in a statement. “In fact, these technologies are so essential that federal agencies themselves still use many of the same tools on their own webpages, including Medicare.gov, Tricare.mil, Health.mil, and various Veterans Health Administration sites. We cannot understand why HHS created this ‘rule for thee but not for me.’”
Specifically, the HHS forbids hospitals and healthcare organizations from using third-party tracking technologies on their websites that expose a visitor’s IP address. However, the rule does not cover all activities on a provider or health system website, instead only forbidding the use of third-party trackers from companies like Google, Amazon and Meta that track users on public-facing pages. Anything a patient logs into, such as portals or billing platforms, is not covered under the guidance; however, much of those technologies have privacy rules regulated under the Health Insurance Portability and Accountability Act (HIPAA).
In another statement that gives more detail on the lawsuit specifics, the AHA calls the rule a “bulletin” and says it prevents “hospitals from using commonplace web technologies to analyze use of their websites and communicate effectively with the populations they serve.” The AHA claims the HHS put the rule into place without giving providers and medical groups a chance to comment.
Last month, Health Exec covered how Costco is facing a related lawsuit for its alleged use of Meta trackers on its website’s healthcare section.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.