ARTICLE · 30 AUGUST 2024

OCR Files Notice Of Appeal In Online Tracking Technologies Case

McDermott Will & Emery

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On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas's June 20, 2024, decision...

United StatesLitigation, Mediation & Arbitration

David Quinn Gacioch

Jennifer Geetter

Daniel Gottlieb

Edward Zacharias

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On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas's June 20, 2024, decision in American Hospital Association (AHA), et al. v. Xavier Becerra, et al. The district court held that OCR exceeded its authority in certain respects in a bulletin (the Bulletin) concerning HIPAA's application to cookies and other online tracking technologies on HIPAA-regulated entities' unauthenticated webpages (i.e., webpages that are publicly available and do not require users to log in before they are able to access the webpage). OCR last updated the live, online version of the Bulletin on June 26, 2024, to state that OCR "is evaluating its next steps in light of [the Northern District of Texas's] order." For more information about the decision, see our On the Subject.

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