Patient-facing analytics now comes with HIPAA questions.
The HHS Office for Civil Rights issued its bulletin on online tracking technologies in December 2022 and revised it in March 2024. Here is where that leaves analytics on patient-facing pages.
The guidance still covers logged-in pages
The bulletin says tracking technologies on logged-in pages generally have access to PHI. In June 2024 a federal court vacated one part of it, covering IP addresses collected on unauthenticated public health pages; the rest, including patient portals and other logged-in pages, was left in place. Google says it does not offer Business Associate Agreements for Google Analytics, and that authenticated pages are likely to be HIPAA-covered.
The journey doesn't stay on the website
A patient or member moves between the public site, the portal, scheduling and the call center. A web tag sees the pages it runs on, not the call that followed or the appointment booked by phone, so the journey ends up split across systems.
Every vendor is one more third party
Under the same guidance, disclosing PHI to a tracking-technology vendor requires a business associate agreement, where the vendor is a business associate, or HIPAA authorizations; a cookie banner is not an authorization. Each analytics vendor in the data path is one more third party to assess, contract with and monitor.
Analytics that stays on infrastructure you control.
The Marver server runs collection, processing and identity on your hardware or cloud account, and analysts connect to it from the desktop Workbench.
No analytics vendor in the data path
Keep customer data inside infrastructure and jurisdictions your team controls. Reduce dependence on third-party analytics vendors, subprocessors, and external data paths. Once a day the Marver server makes a license check carrying a license ID and an install fingerprint, never customer or event data.
Designed for scrutiny
Run regulated workloads with TLS and mutual TLS between components, three-role access control, and an audit trail of configuration and identity changes. Enterprise licenses can run fully offline, with no license server and no outbound calls.
Offline and batch sources
CSV, JSON and NDJSON files from CRM, point-of-sale or call-center systems. Each is a registered source with its own join key and consent purpose, and every import returns a receipt of rejected and consent-suppressed rows.
Unify the same customer Analytics + CDP
Resolve identity across web, server-side and batch-file sources with deterministic matching, a full history of how each profile formed, and un-merge when a link is wrong.
What running Marver yourself changes for a HIPAA program, and what it doesn't.
Self-hosting changes where patient data goes, not who is responsible for it. This is general information about the architecture, not legal advice: your privacy officer and counsel decide how HIPAA applies to your use of Marver.
What self-hosting does
- PHI that Marver processes stays on infrastructure you control: your own hardware on-prem, or your own cloud account.
- Events and imported files go to your own Marver server, so no analytics vendor receives them.
- Once a day the Marver server makes a license check carrying a license ID and an install fingerprint, never customer or event data. Air-gapped Enterprise licenses skip it entirely.
- Retention and deletion happen on storage you own.
What it doesn't do
- It doesn't meet HIPAA's requirements for you. Your HIPAA program, risk analysis, access controls and policies apply to Marver as to any other system that holds PHI.
- It doesn't remove your cloud provider. If you run Marver in a cloud account, that provider hosts the PHI and is your business associate, under your BAA with it; HHS's cloud computing guidance says lacking an encryption key does not exempt it.
- It doesn't decide what to collect. Which pages carry tags, and which events and fields reach Marver, is still your call.
- It doesn't change the rules for other tools. Any third-party tag left on your pages is assessed on its own terms.
- It doesn't settle Chip Hosting Solutions' status on its own. If Chip Hosting Solutions has no access to your PHI, through support sessions, logs, crash dumps, telemetry or hosting, HHS guidance indicates it is not your business associate. Remote support with access to PHI, or uploaded diagnostics, would change that.
Sources
- HHS OCR: Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates (opens in a new tab)
- American Hospital Association v. Becerra (N.D. Tex. 2024), court decision via FindLaw (opens in a new tab)
- American Hospital Association news: HHS will not appeal the online tracking ruling (August 29, 2024) (opens in a new tab)
- Google Analytics Help: HIPAA and Google Analytics (opens in a new tab)
- HHS FAQ 256: Is a software vendor a business associate? (opens in a new tab)
- HHS OCR: Guidance on HIPAA & Cloud Computing (opens in a new tab)
- Federal Register: Health Breach Notification Rule, 89 FR 47028 (May 30, 2024) (opens in a new tab)
Evaluate it on your hardware, on your schedule.
Request a license, start the server with Docker Compose, and point real traffic at it. Marver sends no customer data to Chip Hosting Solutions' systems, and every question gets a written answer from the engineer who built it.
Inside your network
Your channels
Web and tag-manager events, server-side calls, and CRM, POS or call-center files
Marver server
Collection, processing and identity, on your hardware or cloud account
Marver Workbench
Desktop app on your analysts' machines: macOS, Windows and Linux.
Leaves your network
A license check, once a day
A license ID and an install fingerprint. Never customer or event data. It can go through your HTTP proxy. If it can't get through for 30 days, Marver goes read-only until it can. Air-gapped Enterprise licenses skip it entirely.
Request a license
Tell Chip Hosting Solutions your company and where the server will run, and get back a signed 45-day license file and the Docker Compose bundle.
Run it on your infrastructure
Bring the server up on a Linux host (x86-64 or ARM64), or under Docker Desktop on a Mac or Windows machine. Analysts install the desktop Workbench and connect to it.
Keep it, or let it lapse
To continue, reply for an order form or invoice and drop in the paid license, with no reinstall. If you don't, Marver stops taking new events and you keep view, query and export access to everything it already holds. Raw events sit on your disks as plain NDJSON text, readable without Marver.
Who Marver is for, and who it isn't.
Who it's for
- Teams with privacy, residency, or procurement constraints around customer data
- Organizations that need user-level analytics across web, server-side, and offline events
Probably not for
- Teams with no one to run a server: Marver runs on infrastructure you operate, so it needs a technical owner
- Buyers who want a vendor to host their PHI as a managed service, instead of owning the stack
- Teams looking for a plug-and-play marketing dashboard in an afternoon
Pricing that scales with your deployment, not your headcount.
No per-seat fees, no MAU pricing, and no event metering on paid tiers. Start with a full 45-day trial on your own hardware, then pick the tier that fits. Every tier includes unlimited users.
Analytics
$2,500
per month · flat
Unmetered events · No identity layer
The analyst workbench with no event caps: schema authoring, Path Browser, Funnels, Correlation and cluster analysis, with role-based access for every user.
Analytics + CDP
Typical fit$5,000
per month · flat
Persistent customer identity
For teams that need trusted customer identity, not just event counts. Everything in Analytics, plus unified profiles, attribution, an identity formation audit with un-merge, and direct founder support.
Enterprise
Custom
based on scale
Air-gapped · Custom terms
Everything in Analytics + CDP, plus offline licenses for air-gapped networks, a TLS-on deployment profile, custom license terms, and help with your security review. SSO and high availability are on the roadmap.
Typical fit: Analytics + CDP. Joining portal, call-center and other offline records into one profile per patient or member needs the identity layer in Analytics + CDP; Analytics has no identity layer. When the server must run on an isolated network with no outbound access, Enterprise adds offline licenses for air-gapped networks, a TLS-on deployment profile, custom license terms, and help with your security review. The other tiers need the daily license check to get through, directly or via your HTTP proxy: If it can't get through for 30 days, Marver goes read-only until it can.
Full pricing detailsBuilt by an Adobe Certified Data Workbench Architect.
Andrew Chepurny
Founder & Principal Architect, Chip Hosting Solutions
Andrew Chepurny built and operated Adobe Data Workbench at enterprise scale for Fortune 500 organizations. When Adobe announced end-of-life, three clients, in telecom, insurance and financial services, got in touch within 48 hours, all asking where to go now. Everything was cloud-only, and the thick-client power-analyst workflow had disappeared. Marver is the answer, five years in the making.
- 17+ years in analytics and MarTech for Fortune 500 brands
- 11 years at Adobe · CS degree, business minor
- Adobe Certified Expert: Data Workbench Architect · CJA Developer
Analytics architecture delivered for
Consulting and in-house engagements, not Marver deployments.
- Dollar General
- Amtrak
- Western Union
- ForeFlight
- Pfizer
- City National Bank
- Adobe Systems
- + many more
Questions teams ask before a trial.
Is Marver HIPAA compliant?
Chip Hosting Solutions makes no such claim for Marver. Meeting HIPAA's requirements is the work of your organization's program: its risk analysis, policies, access controls and agreements, including the BAA with any cloud provider that hosts Marver. What Marver changes is the architecture. It runs on infrastructure you control, no analytics vendor receives the data it collects, and once a day the Marver server makes a license check carrying a license ID and an install fingerprint, never customer or event data. Marver's own controls, such as three-role access control and an audit trail of configuration and identity changes, are part of what your risk analysis reviews, not a substitute for it.
Is Chip Hosting Solutions our business associate?
HHS's FAQ on software vendors says "the mere selling or providing of software to a covered entity does not give rise to a business associate relationship if the vendor does not have access to the protected health information of the covered entity." If Chip Hosting Solutions has no access to your PHI, through support sessions, logs, crash dumps, telemetry or hosting, HHS guidance indicates it is not your business associate. Remote support with access to PHI, or diagnostics uploaded from a system that holds it, would change that. Settle how support will work before any PHI is involved, and have your counsel confirm how the guidance applies to you.
Can we keep using Google Analytics on public pages?
Google Analytics is free on standard properties, and Google's own guidance sets its limits for healthcare. Google says it "does not offer Business Associate Agreements in connection with" Google Analytics, that HIPAA-regulated entities using it must refrain from exposing to Google any data that may be considered PHI, and that customers may only use it on pages that are not HIPAA-covered. It adds that authenticated pages are likely to be HIPAA-covered and should not carry Google Analytics tags. On the HHS side, a federal court vacated the part of HHS's tracking-technology guidance covering IP addresses collected on unauthenticated public health pages; the rest of the guidance, including tracking on patient portals and other logged-in pages, was left in place. Which public pages carry which tags is a decision for your privacy and legal teams.
Where does our patient data live?
On infrastructure you control: a Linux host (x86-64 or ARM64) on-prem, or your own cloud account. Analysts reach the data through the desktop Workbench connected to your server. Once a day Marver makes a license check that carries a license ID and an install fingerprint, never customer or event data, and it can go through your HTTP proxy. Air-gapped Enterprise licenses skip it entirely. If the server runs in a cloud account, that provider hosts the data and is your business associate, under your BAA with it.
We're a digital health company outside HIPAA. Does any of this apply?
It can. The FTC's amended Health Breach Notification Rule, effective July 29, 2024, can cover health apps that HIPAA doesn't, and it counts an "unauthorized disclosure" as a breach. Before that amendment, the FTC's first action under the rule, against GoodRx in February 2023, carried a $1.5 million civil penalty over "unauthorized disclosures of consumers' personal health information to Facebook, Google, and other companies." Marver keeps the events it collects on your own server instead of sending them to an analytics vendor. What your app collects and shares, and on what terms, is still for your team and counsel to decide.
What does Marver cost?
Pricing scales with your deployment, not your headcount. Analytics is $2,500 and Analytics + CDP is $5,000, each per month and flat; Enterprise is custom, based on scale. Every tier includes unlimited users, and the 45-day trial is free. Joining portal, call-center and other offline records into one profile per patient or member needs Analytics + CDP; running fully offline on an air-gapped network needs Enterprise.
Request your 45-day trial.
Tell Chip Hosting Solutions who you are and where the server will run. Andrew Chepurny, who built Marver, reviews each request and replies with a signed license.dwb file and the matching install bundle, usually within one business day.
Prefer email? Write to andrew@chip-hosting.com
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