WHY THIS MATTERS FOR HEALTHCARE WEBSITES
A Website Is More Than What Visitors See
Your website may include:
Some of these technologies may collect information automatically when someone visits or interacts with a page.
The U.S. Department of Health and Human Services has specifically addressed the use of online tracking technologies by HIPAA-covered entities and business associates. HHS notes that technologies such as cookies, tracking pixels, session replay, and fingerprinting can collect information that may, in certain circumstances, constitute protected health information.
For a healthcare website, the question isn't simply:
"Do we have cookies?"
It is:
"What is collecting information, what is being collected, and where is that information going?"
THE LEGAL LANDSCAPE IS CHANGING
Privacy Expectations Are Becoming More Specific
There is no single U.S. cookie-consent rule that applies identically to every healthcare website.
Instead, practices may need to consider a combination of:
- State privacy laws
- State-specific requirements concerning health data
- Healthcare privacy obligations
- Rules governing online tracking and data sharing
- Litigation involving website tracking technologies
Recent litigation illustrates why the issue deserves attention.
In August 2026, a California appellate court issued a published opinion in Doe v. Adventist Health System/West , involving allegations concerning Meta Pixel and Google Analytics on healthcare websites and a patient portal. The court's decision addressed class-certification issues and allowed portions of the litigation to continue.
This does not mean every healthcare website using Google Analytics or Meta Pixel violates the law.
It does mean practices should understand what their website technologies are doing rather than assuming a tracking tool is harmless simply because it is commonly used.
WHAT COOKIE CONSENT ACTUALLY DOES
Give Visitors More Control Over Optional Tracking
A properly configured cookie consent solution can help your website:
Recognize different categories of cookies and tracking technologies.
Explain what different technologies are used for.
Allow visitors to accept, reject, or manage applicable categories of optional tracking.
Configure supported technologies to respond appropriately to visitor preferences.
Maintain a record of consent choices where applicable.
But Cookie Consent Is Not a Complete Privacy Program
A cookie banner does not automatically make a website HIPAA-compliant or eliminate all legal risk.
HHS specifically notes that a website banner asking visitors to accept or reject cookies does not constitute a valid HIPAA authorization where such authorization is required. The underlying data flows and vendor relationships still need to be understood.
Think of cookie consent as one part of responsible website privacy, not the entire solution.
WHAT ABOUT GOOGLE ADS AND MARKETING MEASUREMENT?
Privacy Controls Can Affect Your Marketing Data
There is a practical trade-off.
When visitors decline analytics or advertising cookies, some of the information traditionally used for marketing measurement may no longer be directly observable.
That can affect:
The good news is that privacy-conscious measurement does not necessarily mean abandoning useful marketing data.
Google's Consent Mode allows websites to communicate visitor consent choices to Google tags. Depending on the implementation, Google can use consent-aware measurement and modeling to help fill certain measurement gaps.
The goal is not simply to collect less data. It's to collect and use data more responsibly while maintaining useful measurement where possible.
WHY PRACTICES ARE TAKING A PROACTIVE APPROACH
Four Practical Reasons to Address Cookie Consent
1. Reduce Potential Risk
Where consent is required for particular tracking technologies or data practices, an appropriately implemented consent mechanism can be one part of a broader risk-management approach.
2. Give Visitors More Control
Visitors should have a clear way to understand and manage optional tracking where applicable.
3. Understand Your Website Technology
Implementing consent provides a reason to review the technologies operating behind your website.
4. Avoid Reactive Privacy Decisions
A privacy issue is easier to address when you understand your website before receiving a complaint, demand letter, or regulatory inquiry.
IS COOKIE CONSENT RELEVANT TO YOUR WEBSITE?
It May Be Worth Reviewing If Your Website Uses:
| Website Feature | Why It Matters |
|---|---|
| Google Analytics | Visitor and behavioral measurement |
| Google Ads | Advertising and conversion measurement |
| Meta Pixel | Advertising and audience measurement |
| Third-party scripts | May send information to external providers |
| Chat tools | May collect visitor interactions |
| Scheduling tools | May involve additional data flows |
| Patient portals | Can involve significantly more sensitive information |
| Website forms | May collect information directly from visitors |
| Session recording | Can capture visitor interactions |
Not sure what your website is using? That's okay.
Just share your website URL at checkout, and we can use that information to determine the appropriate setup requirements.
COOKIE CONSENT SETUP
Choose How You Want It Done
One service. Two ways to implement it.
| Feature | DIY Setup | We Do It For You |
|---|---|---|
| One-time setup | $200 | $400 |
| PSG member price | $100 | $200 |
| Ongoing | $25/month | $25/month |
| Installation | You install | We install & configure |
| Setup guidance | ✓ | ✓ |
PSG Member Benefit
Get 50% off your one-time setup fee.
- $100 DIY
- $200 We Do It For You
Pricing is per website. The monthly fee continues after the one-time setup.
Choose Your SetupWHAT'S INCLUDED
A Practical Cookie Consent Setup for Your Website
Depending on the implementation option you select, the service includes:
Designed for Healthcare Websites
The setup is intended to help practices address website tracking and visitor consent in a more structured way, without requiring them to build the technology from scratch.
Frequently Asked Questions
No. Requirements vary depending on the website, technologies being used, data involved, and applicable laws. The purpose of this service is to help practices implement a structured consent mechanism where appropriate.
No. Cookie consent is not a substitute for HIPAA compliance. HHS has specifically explained that tracking technologies can create HIPAA obligations in certain circumstances and that a cookie banner is not a valid HIPAA authorization where authorization is required.
That's common. Just provide your website URL at checkout. We can use the available information to determine the next steps.
It can affect the amount of directly observed advertising and analytics data when visitors decline consent. Google Consent Mode and related modeling capabilities can help address some measurement gaps, depending on implementation and eligibility.
The service provides a technology implementation. It does not provide legal advice or determine your legal obligations. Practices with questions about their specific legal or regulatory requirements should consult qualified privacy or healthcare counsel.
Yes. You can choose the We Do It For You option during checkout. DIY installation is also available at the lower one-time setup price.
Don't Wait Until a Privacy Concern Becomes a Legal Notice
Your website already uses technology to measure, advertise, communicate, schedule, and engage with visitors.
Knowing what those technologies do and providing visitors with appropriate choices where required is a practical step toward more responsible website privacy practices.