Aaron Maguregui Assesses HHS OCR Updated Guidance on Online Tracking Technology
Foley & Lardner LLP partner Aaron Maguregui assessed an updated bulletin from the U.S. Department of Health and Human Services Office for Civil Rights on online tracking in the TechTarget article, “How updated third-party tech guidance affects compliance efforts.”
The guidance, aimed at regulating tools used for targeted marketing, presents a significant compliance challenge for health care providers.
“It’s really those third-party tracking technologies that are used for purposes of targeted marketing that the guidance is looking to regulate,” Maguregui explained. “There are obvious reasons why we would want to regulate the sharing of that information with third-party social media companies, or companies that are not regulated by HIPAA.”
“But there’s also a counterargument to that,” he continued, “which is if today’s patient goes to social media to educate themselves, it is unfortunate that it is very difficult for health care organizations to utilize those tools in order to provide the opportunity for patient engagement and really meet the patient where they’re at.”
Maguregui also questioned the practical impact of the guidance, noting its lack of overall clarity and how it puts providers and health care companies at risk for “trying to showcase their offerings and provide additional treatment opportunities.”
Maguregui emphasized that providers should not assume noncompliance by default and suggested a proactive approach.
“You should have a data workflow in place where you understand where the data is going to be, how it will be collected, how it will be used, and to whom it will be disclosed,” he added.
