Scott Lashway and Matthew Stein of Manatt, Phelps & Phillips write:
The plaintiff’s bar continues to bring new wiretapping claims over pixels and analytics programs in courts around the country, including against hospitals and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA). This comes, in part, on the heels of the Department of Health and Human Services’ (HHS) December 2022 bulletin on tracking technologies and the more recent joint HHS–Federal Trade Commission (FTC) letter to website and application providers on the subject. The courts are now beginning to discuss how those materials impact litigation against HIPAA-covered entities.
Read more at JDSupra.