Apr 03 2024

New OCR Guidance on Online Tracking Offers Little Relief: Kristen Rosati & Erin Dunlap Share Tips for Healthcare Organizations Navigating Legal Risks

Naomi Jorgensen
0

It’s no secret that the use of Meta Pixels and other online tracking opens organizations up to legal risk, especially in the health care industry. Despite ongoing litigation against the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), OCR did not significantly modify its online tracking guidance, and there is no immediate regulatory relief in sight for the health care industry. In the latest Coppersmith Brief, Kristen Rosati and Erin Dunlap outline the significant regulatory, litigation and financial risks faced by health care entities when using online tracking. They also explain three modifications to OCR’s guidance, regarding whether IP addresses are PHI, the use of Customer Data Platforms, and the need to consider online tracking in the security risk analysis and...

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Attorneys Kristen Rosati and Nate Kunz
Jul 21 2023

Kristen Rosati & Nate Kunz Share Insights with the Arizona Society of Healthcare Attorneys on Online Tracking Tools for Health Care Organizations

Naomi Jorgensen
0

After STAT Health News published an investigation into health care organizations' use of online tracking technologies, such as Meta Pixel, the Office for Civil Rights and the Federal Trade Commission launched their own investigations. The FTC has issued substantial fines, and now class actions are being filed across the U.S. The Arizona Society of Healthcare Attorneys hosted Kristen Rosati and Nate Kunz to provide insights on the regulatory and legal issues arising from health care organizations’ use of online tracking technologies. They explained online tracking compliance requirements for HIPAA, Federal Trade Commission regulations, and state data privacy laws. They also discussed best practices for protecting attorney-client privilege and the attorney work product while conducting internal investigations. Kristen, a past President and Fellow of the American Health Law...

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Attorneys Kristen Rosati and Nate Kunz
Jun 26 2023

Kristen Rosati & Nate Kunz Discuss Updated Guidelines on Health Care Organizations’ Use of Online Tracking Tools

Naomi Jorgensen
0

Regulators have released new guidelines regarding healthcare organizations’ use of online tracking technologies in marketing practices. In their presentation to the Arizona Hospital and Healthcare Association, Kristen Rosati and Nate Kunz explained that these tools have been under increased scrutiny ever since STAT Health News released their investigation into online tracking. They also covered compliance requirements for HIPAA, Federal Trade Commission regulations, and state data privacy laws.  In anticipation of litigation related to the use of online tracking tools, they also covered how to conduct internal investigations in a manner to preserve attorney-client privilege. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and speaker on “big data” and HIPAA compliance.  She has been leading a number of...

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