What the Updated HHS Guidance Means for Your Healthcare Org

Freshpaint
24 views April 29, 2026

The last time HHS updated its guidance surrounding the use of online tracking technologies, it sent shockwaves through the healthcare marketing industry. Marketers were flying blind overnight because the December '22 guidance was clear: regulated entities could no longer use tracking technologies in a manner that would result in impermissible disclosures of PHI to tracking technology vendors. But despite that clarity, HHS did not provide a path forward. Healthcare marketers were left scrambling. We finally have some good news: HHS just updated its guidance to call out Customer Data Platforms like Freshpaint as viable alternatives to web tracking technologies that don’t support Business Associate Agreements (BAAs). That updated guidance answers several crucial questions raised by the earlier advice. Watch this video to better understand what this updated guidance means for your healthcare org, and what you can do about it.

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