(Recorded Webinar) Online Tracking Technologies: Regulatory and Legal Risks
In June 2022, an analysis of 100 hospital websites found that 33 of the websites contained a tracking tool that collected patients’ sensitive health information and sent it to Facebook. After being alerted, several of the hospitals removed the tracking tool. Some reported to the Office for Civil Rights (OCR) that the disclosure was a breach, and several were faced with class action lawsuits alleging the hospitals failed to protect the privacy of patients’ health information.
In this webinar, the presenters will provide an overview of OCR’s guidance on online tracking technologies, including tips for conducting a compliance review of your health center’s website, patient portal and apps. The presenters will also discuss asserting the Federal Tort Claims Act (FTCA) immunity with respect to data breach lawsuits, including reviewing the procedures for asserting and litigating FTCA immunity.
- Chief Information Officers/Security Officers
- Compliance Officers/Risk Managers
- Marketing and Communications Team Members
After this webinar, you will be able to:
- Understand how the HIPAA Rules apply to tracking technologies on covered entities’ user-authenticated webpages, unauthenticated webpages and mobile apps.
- Develop a compliance review process to document tracking technologies implemented on webpages and apps, identify the information collected from visitors/users and understand applicable reporting and compliance requirements.
- Identify the steps for asserting FTCA immunity with respect to lawsuits related to data breaches.
Matt Freedus is a Partner with the firm and represents health centers facing a variety of adverse administrative decisions and legal actions. Defending clients in all phases of administrative and judicial review, from the lowest level up to the Supreme Court, he also represents clients in affirmative litigation against states and other entities. Matt has litigated on behalf of health centers on a variety of issues, including denials of deeming applications and the scope of FTCA coverage for malpractice actions brought against health centers and their providers. [Full Bio]
Dianne Pledgie serves as Partner and Compliance Counsel with the firm’s health law practice group, Dianne advises health centers on implementing effective compliance programs and on addressing top compliance risk areas. Dianne counsels health centers and other organizations on developing compliance programs that include the OIG’s seven elements, respond to identified compliance risk areas, and reflect the organization’s culture. Dianne also advises health centers and other organizations on patient privacy and confidentiality, including the HIPAA Privacy Rule and 42 CFR Part 2. She has experience responding to privacy and security incidents, including determining whether there has been a breach, notifying patients and the government, and creating corrective action plans. Dianne is a member of the New York and Massachusetts Bars and is not licensed in Washington, DC. Her practice is limited to federal health care matters. [Full Bio]
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- 1.00 Certificate of Attendance
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