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FTC and HHS Warn Healthcare Providers on Tracking Tech Privacy Risks

Hospital Systems and Telehealth ProvidersJuly 20, 2023Federal Trade Commission

Summary

The FTC and HHS sent warning letters to approximately 130 hospital systems and telehealth providers about the privacy and security risks of using online tracking technologies, such as Meta/Facebook pixel and Google Analytics, which may impermissibly disclose sensitive health information to third parties. The agencies emphasized that such disclosures could violate HIPAA for covered entities and the FTC Act for others, citing recent enforcement actions against companies like BetterHelp and GoodRx.

Contract Impact

In-house legal teams should review all agreements where online tracking technologies (e.g., Meta Pixel, Google Analytics) are integrated, including vendor contracts with analytics providers, customer-facing terms of service or patient portal agreements, and any data processing addendums. Specific clauses to scrutinize include data sharing provisions, consent mechanisms for collecting sensitive health information, breach notification obligations, and requirements under HIPAA business associate agreements. Changes may be needed to prohibit impermissible disclosure of protected health information (PHI) to third-party advertisers, mandate explicit patient consent for tracking, update BAAs to reflect tracking risks, and revise privacy policies to disclose tracking practices transparently. State privacy laws (e.g., CCPA) may also require modifications to opt-out rights and data retention terms.

Contract Search Terms

HIPAA business associate agreementdata sharing agreementpatient consent clausebreach notification clauseprivacy policy amendmentdata processing addendumopt-out mechanismdata retention schedule

Laws Cited

Health Insurance Portability and Accountability Act (HIPAA)FTC ActFTC’s Health Breach Notification Rule

Violation Types

Entity Details

Entity

Hospital Systems and Telehealth Providers

Industry

Healthcare

Official Sources

Source Evidence

Entity Name
"to approximately 130 hospital systems and telehealth providers"
Laws Cited
"Health Insurance Portability and Accountability Act (HIPAA)"
Laws Cited
"FTC Act"
Laws Cited
"FTC’s Health Breach Notification Rule"
Violation Types
"impermissibly disclosing consumers’ sensitive personal health data to third parties"

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