Adena Health System has agreed to pay $17.8 million to settle a lawsuit over allegations of unlawfully sharing patient data with third parties through tracking pixels on its MyChart patient portal. The settlement, which still requires court approval, aims to resolve claims that sensitive patient data was disclosed without consent.
The nonprofit health system, which serves south central and southern Ohio, was accused of using tools such as Meta Pixel and Google Analytics to track users on its MyChart portal. These tools reportedly collected data from logged-in users, including personally identifiable information (PII) and protected health information (PHI), and transmitted it to third-party companies like Meta and Google.
Alleged Breaches of Privacy
According to the allegations, the tracking tools captured information from users as they booked appointments, searched for medical information, and communicated with their health care providers. The lawsuit claims that data such as health conditions, treatment preferences, provider details, and search terms were shared without users’ knowledge or consent. Additionally, if users were logged into their Facebook accounts while using the portal, the unique Facebook identifier was allegedly transmitted, potentially allowing individuals to be personally identified.
The plaintiffs accused Adena Health of knowingly implementing these tools and profiting from the data disclosures. The legal claims included negligence, breach of confidence, breach of fiduciary duty, unjust enrichment, invasion of privacy, and violations of the Electronic Communications Privacy Act. The lawsuit also cited civil liability for the criminal act of knowingly disclosing individually identifiable health information to third parties.
Adena Health Denies Wrongdoing but Settles
While Adena Health denies any wrongdoing or liability, it agreed to settle the case to avoid the uncertainty and costs associated with further litigation. "Adena Health denies wrongdoing and liability and disagrees with the claims and contentions in the lawsuit", the settlement announcement stated. However, the decision to settle was made to "bring the litigation to an end" and avoid the risks of a trial.
Settlement Details
The settlement includes compensation for roughly 89,000 class members who accessed the patient portal between 1 November 2022 and 3 June 2024. Each eligible user is entitled to a cash payment of $21 and one year of credit monitoring and identity theft protection services, valued at $179 per person.
The proposed settlement is a significant development in a broader trend of legal challenges facing health systems over the use of tracking pixels on patient-facing platforms. Adena Health is among several organisations grappling with allegations of privacy violations stemming from these tools.
The settlement awaits court approval before payments and other benefits can be distributed to class members. Adena Health’s agreement highlights the potential legal and financial risks health care providers face when using third-party tracking technologies in patient interactions.
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