Healthcare Online Tracking Technology: Navigating Latest HHS and FTC Guidance for HIPAA and Non-HIPAA Covered Entities
Regulatory and Litigation Update, Notable Enforcement Actions, Costly Settlements
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide practitioners with an update on the latest U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) and FTC guidance related to the use of online tracking technology in the healthcare industry. The panel will examine notable enforcement actions and discuss recent class action litigation related to this technology. The panel will also address state/local law interaction and offer best practices for compliance.
Outline
- Introduction: overview of online tracking technology
- Legislative and regulatory developments
- HHS-OCR/HIPAA
- December 2022 original guidance
- March 2024 updated guidance
- FTC/FTC Act and Health Breach Notification Rule
- September 2023 guidance
- FTC/HHS-OCR joint agency letter – July 2023
- State/local law interaction
- HHS-OCR/HIPAA
- Class action litigation and costly settlements
- Best practices for compliance
Benefits
The panel will review these and other important considerations:
- What is the status of federal regulation related to the use of online tracking technology in the healthcare industry? What interaction does the federal regulation have with state/local privacy laws?
- How does HHS-OCR's recently issued revised guidance on using online tracking technology impact HIPAA-regulated entities?
- What is the latest FTC guidance related to the use of online tracking technology?
- What can counsel learn from recent HHS-OCR and FTC enforcement actions? From recent class action litigation?
Faculty
![Christopher Iaquinto](/img/t/5763a324e23d5b71f44902ddb2d1c95b.jpg)
Christopher M. Iaquinto
Partner
Holland & Knight
Mr. Iaquinto is a member of the firm's Data Strategy, Security and Privacy Practice Group and a part of the White... | Read More
Mr. Iaquinto is a member of the firm's Data Strategy, Security and Privacy Practice Group and a part of the White Collar Defense and Investigations and Global Compliance and Investigations Teams. His practice focuses on advising clients on cybersecurity and data privacy matters, guiding clients through civil or criminal internal and governmental investigations, and litigating such matters in federal and state court. Mr. Iaquinto is an experienced trial attorney who advises clients on a wide range of data strategy and information governance matters, including the development and implementation of security and privacy programs, technical controls, adtech and data analytics. He has defended clients engaged in complex litigations, including tech- and data-related class actions involving allegations of website wiretapping, data over-collection and data misuse.
Close![Pitman, Beth Neal](/img/t/2f56052940c2a0ba1217651ce261f91f.jpg)
Beth Neal Pitman
Partner
Holland & Knight
Ms. Pitman advises healthcare systems and providers and healthcare information technology (IT) businesses when... | Read More
Ms. Pitman advises healthcare systems and providers and healthcare information technology (IT) businesses when navigating healthcare privacy and cybersecurity regulations, other healthcare regulations, and government reimbursement program matters. Her experience includes the development and ongoing management of comprehensive HIPAA compliance programs, including drafting and negotiating business associate agreements, policies and training. When a data breach or other privacy regulatory violation occurs, Ms. Pitman guides her clients through the process for responding to the breach and any subsequent federal or state government investigations. She also provides advice to clients related to the frequent changes associated with the many federal healthcare payment programs.
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