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Legal and Compliance Risks Raised by the Use of Tracking Technologies on Hospital Websites

Date: Tuesday, April 30, 2024
Time: 1:30 – 3 p.m.

This webinar will address the legal and compliance issues raised by the use of Meta Pixels, Google Analytics and other tracking technologies on hospital and health system websites.

George H. Kendall | Partner, McCarter & English, LLP
Scott S. Christie | Partner, McCarter & English, LLP
Megan Nigro | Associate, McCarter & English, LLP

The speakers will cover the following topics:

  • Guidance from the U.S. Department of Health and Human Services’ Office for Civil Rights and the Federal Trade Commission concerning the data privacy and security risks raised by healthcare organizations’ use of tracking technologies, as well as the agencies’ follow-up letters to healthcare organizations and enforcement efforts.
  • The healthcare industry’s response to the regulatory guidance and enforcement efforts, including the American Hospital Association’s letter to Congress and its lawsuit against the OCR to block the enforcement of the OCR’s December 2022 guidance.
  • Class action lawsuits filed against hospitals and health systems in New Jersey and throughout the country alleging breaches of patients’ data privacy resulting from the use of tracking technologies on their websites, including an overview of the allegations typically raised in these lawsuits and a discussion of strategies for responding to these allegations and defending these lawsuits.
  • Compliance issues for hospitals and health systems, including reviewing and updating data privacy policies and procedures, evaluating current digital marketing efforts, and reviewing contracts and other arrangements with marketing consultants and providers of tracking technologies.

This webinar has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.25 hours of total CLE credit. Of these, 0.0 qualify as hours of credit for ethics/professionalism, and 0.0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law/or matrimonial law.

Participants should claim only the credits commensurate with the extent of their participation in the activity.