Safeguard your healthcare organization’s compliance with expert guidance on managing web tracking technologies — SEI is your trusted partner in navigating HIPAA regulations.
In December 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) issued clarified guidance on the use of online tracking technologies by HIPAA-covered entities and their business associates. This guidance has introduced a new level of urgency and complexity for healthcare organizations, particularly regarding their compliance with HIPAA regulations.
Web tracking technologies, widely used by marketing teams to enhance digital strategies and monitor user engagement, are now under intense scrutiny due to their potential to collect and share Protected Health Information (PHI) without proper safeguards. With the stakes higher than ever, healthcare organizations must take immediate action.
SEI can help you develop and implement a comprehensive remediation strategy within weeks, ensuring your organization stays ahead of potential compliance risks.
Understanding the Risks: What the OCR’s Guidance Means for Your Healthcare Organization
For many healthcare organizations, the OCR’s guidance may come as a surprise. Until recently, there was no stringent requirement to meticulously account for the various tracking technologies employed across digital platforms. Marketing teams were free to leverage tools like Google Analytics and ad retargeting technologies without the need for extensive monitoring.
However, with the updated guidance, non-compliance could lead to significant fines, legal action, and damage to your organization’s reputation — consequences that are no longer theoretical but very real. The core issue revolves around the inadvertent collection of PHI through tracking technologies.
Commonly used identifiers such as IP addresses, Ad Click IDs, and even email addresses, when combined with specific health-related information, are classified as PHI under HIPAA. The absence of a valid Business Associate Agreement (BAA) with the tracking technology provider means that any sharing of this data is a violation of HIPAA rules. This new level of scrutiny puts healthcare organizations at significant compliance risk, especially with many leading online tracking platforms, including those provided by Google and Meta, declining to sign BAAs.
The Growing Threat of Non-Compliance
The recent surge in data breaches and legal actions underscores the pressing need for healthcare organizations to reassess their compliance with HIPAA regulations. For instance, in April 2024, Kaiser Permanente reported a significant data breach linked to the use of web tracking technologies, potentially exposing millions of patients’ data. Similarly, the telehealth company Cerebral faced a hefty $7 million fine from the Federal Trade Commission (FTC) and was permanently prohibited from using sensitive patient data for marketing purposes. Beyond initial fines and reputational damage, non-compliant companies could be subject to years of regulatory oversight and reporting that requires costly audit and remediation efforts.
These cases are part of a broader trend highlighting the risks associated with non-compliance. The OCR’s clarified guidance on the use of tracking technologies is a direct response to these increasing threats. Healthcare organizations must now navigate a complex landscape where the misuse of digital tools can lead to severe financial and reputational damage. This growing legal oversight makes it imperative for organizations to act swiftly and decisively.
Accelerating Compliance: How SEI’s Expertise Drives Rapid Remediation
SEI is uniquely positioned to assist healthcare organizations in navigating this complex, cross-functional challenge. Our team of consultants brings unparalleled expertise, enabling us to mobilize quickly and develop a robust remediation strategy that is tailored to your organization’s objectives and culture.
Here’s how we can work with your teams to deliver an actionable strategy:
- Inventory Web Tracking Technologies: We begin by working with your digital marketing and advertising teams to inventory all web tracking technologies currently in use across your online platforms. This step is critical to understanding your organization’s risk exposure. We also evaluate the strategic value of each tool, identifying those that can be safely removed to minimize compliance risks without compromising your marketing goals.
- Evaluate Business Associate Agreements (BAAs): We collaborate with your privacy and legal teams to determine whether valid BAAs are in place for the technologies identified. If BAAs are absent or unattainable, we’ll guide you through feasible alternatives, weighing the risks and benefits of each option.
- Develop Remediation Strategies: In cases where web tracking technologies cannot be covered by a BAA, we develop tailored remediation plans. These strategies are designed to minimize business disruption, considering factors like potential loss of analytics data or the impact on advertising efforts.
- Present Recommendations: We understand that successful remediation requires buy-in from all key stakeholders. Our team presents clear, actionable recommendations to your Privacy, Security, IT, and Marketing departments, ensuring alignment and a unified approach to compliance.
- Lead Implementation: Time is of the essence in mitigating compliance risks. SEI leads the implementation process, working alongside your teams to ensure a smooth transition to a compliance-focused strategy. With our expertise, you can trust that your organization will be on the path to full compliance in a matter of weeks, not months.
Navigate HIPAA Challenges with SEI as Your Strategic Partner
In the rapidly evolving landscape of healthcare compliance, inaction is not an option. SEI’s team of locally based consultants is ready to help you navigate the complexities of the OCR’s guidance on web tracking technologies. With our ability to develop and implement a remediation strategy in less than two months, you can safeguard your organization against the risks of non-compliance and protect your reputation.
