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WHY THIS MATTERS FOR HEALTHCARE WEBSITES

A Website Is More Than What Visitors See

Your website may include:

Google Analytics
Google Ads tracking
Meta/Facebook pixels
Chat and scheduling tools
Third-party scripts
Session-recording technologies
Advertising and marketing tags
Other analytics or personalization tools

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:

Identify

Recognize different categories of cookies and tracking technologies.

Inform

Explain what different technologies are used for.

Give Choice

Allow visitors to accept, reject, or manage applicable categories of optional tracking.

Respect Choices

Configure supported technologies to respond appropriately to visitor preferences.

Document 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:

Conversion attribution
Campaign reporting
User journey analysis
Audience measurement

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
PSG member price $100
Ongoing $25/month
Installation You install
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 Setup

WHAT'S INCLUDED

A Practical Cookie Consent Setup for Your Website

Depending on the implementation option you select, the service includes:

Cookie consent configuration
Consent categories and visitor controls
Configuration of supported tracking technologies
Installation guidance for DIY setup
Installation and configuration for assisted setup
Ongoing consent solution subscription
Support related to the cookie consent implementation

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

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.

Get Your Cookie Consent Setup

  • DIY
  • We Do It For You

PSG members receive 50% off the one-time setup fee.

Get Started