Adena Health System, a nonprofit health system serving patients in south central and southern Ohio, has agreed to pay $17.8 million to resolve claims that it unlawfully disclosed patient data to third parties via tracking pixels on its MyChart patient portal.

Adena Health is one of many health systems to use tools such as Meta Pixel and Google Analytics code to track users on its website; however, these tools were also implemented on its patient portal, which requires users to log in. Whilst on the website and patient portal, users’ data was collected, which may have included personally identifiable information (PII) and protected health information (PHI). That information was automatically sent to companies such as Meta and Google.

A lawsuit was filed over the disclosures, which were alleged to have occurred without the knowledge or consent of the data subjects. Users of the patient portal could book appointments, research medical conditions, learn about treatment options, and communicate with their providers. The lawsuit alleged that health conditions, preferred treatment options, physicians’ details, and search queries were all collected by the tracking tools and were transmitted to third parties. If a user was logged into their Facebook account at the time, the lawsuit claims the unique Facebook identifier was also transmitted, allowing them to be personally identified. The lawsuit claims the tools were knowingly added to the website and that Adena Health unjustly profited from the disclosures.

The lawsuit alleged negligence, breach of confidence, breach of fiduciary duty, unjust enrichment, invasion of privacy, and a violation of the Electronic Communications Privacy Act, and claimed that there is civil liability for criminal actions – the knowing disclosure of individually identifiable health information to a third party. Adena Health denies wrongdoing and liability and disagrees with the claims and contentions in the lawsuit; however, it agreed to a settlement to bring the litigation to an end to avoid the risks and uncertainties of trial and further litigation costs.

Under the terms of the settlement, the 89,000 class members who visited the patient portal between November 1, 2022, and June 3, 2024, are entitled to claim a cash payment of $21 and a year of credit monitoring and identity theft protection services, valued at $179 per person. The settlement now awaits approval from the court.

The post Adena Health to Pay $17.8 Million to Settle Pixel Lawsuit appeared first on The HIPAA Journal.