HHS Withdraws Appeal Striking Guidance Against Web Tracking (1)

The Department of Health and Human Services withdrew its appeal of a Texas judge’s decision to strike down federal guidance curbing hospitals’ use of third-party web tracking technologies.

The HHS guidance, first introduced in December 2022, built on existing Health Insurance Portability and Accountability Act requirements adding an obligation for providers to protect patients and web users from from technology connecting them to websites addressing specific health conditions. The November lawsuit, led by the American Hospital Association and Texas Hospital Association, accused the agency of overstepping its authorities.

The guidance, which was updated in March 2024, was “promulgated in clear ...