Another settlement has been reached to resolve a class action lawsuit over the use of third-party tracking tools on healthcare websites. Henry Ford Health, a not-for-profit health system in Detroit and the second-largest health system in Michigan, used tracking technologies on its website that collected information from web visitors.According to the complaint, tracking tools such as Meta Pixel, Google Analytics, Google Tag Manager, and Google DoubleClickAds, were installed on its website. Those tools collected visitor information, including protected health information (PHI), which was transferred to third parties such as Meta and Google Inc. without website users’ knowledge or consent. The tools were even used on web pages that required authorization to access, such as the MyChart Patient Portal. Henry Ford Health encouraged patients to use the website and patient portal to submit information, review their health records, book appointments, schedule visits, pay bills, and communicate with providers.From the information collected, third parties could infer that a patient was being treated for a specific medical condition, such as cancer, pregnancy, or addiction. That information could be tied to users via their IP address, and also if they were logged into their Facebook or Google account when they visited the website. The plaintiffs and class members claim to have been injured as a result of the disclosures.The lawsuit — *Nina McClain v. Henry Ford Health* — was filed in Wayne County Circuit Court, State of Michigan, and alleges the disclosures violated the Health Insurance Portability and Accountability Act (HIPAA), as disclosures of PHI to third parties are not permitted by the HIPAA Privacy Rule for that purpose without obtaining an authorization. The disclosures were also alleged to have violated state law. The lawsuit asserted claims of breach of fiduciary duty/confidentiality, violation of the Electronic Communications Privacy Act (ECTA), invasion of privacy, breach of implied contract, unjust enrichment, negligence, and a violation of the Michigan Nonprofit Health Care Corporation Reform Act.Henry Ford Health denies any wrongdoing and disputes that it committed, or threatened or attempted to commit, any wrongful act, omission, or violation of law or duty alleged in the complaint and maintains that it would have prevailed at summary judgment and/or trial. The plaintiff and class counsel accept that the defendant raised factual and legal defenses that could prevent or limit any recovery.Continuing with the litigation could be long-winded, expensive, and with an uncertain outcome. A settlement was seen to be in the best interests of all parties. The class consists of more than 819,000 consumers who had a MyChart patient portal account between January 1, 2020, and December 31, 2023. Class members can claim a cash payment of $15, which can be paid by check, PayPal, Zelle, or Venmo. Class members will also be automatically enrolled in a one-year subscription to Privacy Shield Pro.The deadline for objection to and exclusion from the settlement is August 11, 2025. The deadline for submitting a claim is August 25, 2025. The settlement has received preliminary approval from the court, and the final fairness hearing is scheduled for October 7, 2025. Under the terms of the settlement, Class counsel may receive up to $1.9 million to cover attorneys’ fees and expenses, and the named plaintiff can receive a service award of $1,500.While the amount paid to each class member may be low, if all class members submit a claim, Henry Ford Health will pay more than $12.28 million in cash payments, plus Privacy Shield Pro costs and up to $1.9 million in attorneys’ fees, costs, and expenses.The post [Henry Ford Health Settles Tracking Technology Lawsuit](https://www.hipaajournal.com/henry-ford-health-tracking-technology-settlement/) appeared first on [The HIPAA Journal](https://www.hipaajournal.com).
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