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The HIPAA Journal is the leading provider of HIPAA training, news, regulatory updates, and independent compliance advice.

Fairchild Medical Center & Boone Health Settle Pixel Lawsuits

Fairchild Medical Center and Boone Health have agreed to settlements to resolve complaints alleging they impermissibly disclosed patient data to third parties via the use of pixels and other website tracking tools.

Fairchild Medical Center Pixel Settlement

Fairchild Medical Center in Yreka, California, has agreed to settle a class action lawsuit over its use of third-party tracking tools such as Meta Pixel on its website, which allegedly resulted in disclosures of patient data to third parties without patients’ knowledge or consent.

The lawsuit – Delgado v. Siskiyou Hospital, Inc. d/b/a Fairchild Medical Center – was filed in the Superior Court for Siskiyou County, California, and asserted claims for negligence, breach of implied contract, unjust enrichment, breach of fiduciary duty, invasion of privacy, violations of the California Constitution, California Invasion of Privacy Act, California Confidentiality of Medical Information Act, the Comprehensive Computer Data Access and Fraud Act, and Cal. Bus. & Prof. Code. The defendant disagrees with the claims and contentions in the lawsuit and maintains there was no wrongdoing, and the plaintiffs believe their claims have merit. To avoid the cost, delay, and risks of continued litigation, all parties agreed to settle the lawsuit.

Fairchild Medical Center has agreed to pay attorneys’ fees and expenses, settlement administration costs, a service award to the class representative, and benefits to the class members. The class consists of all California citizens whose information was disclosed to third parties – approximately 1,000 individuals. Those individuals are eligible to enroll in a one-year membership to the CyEx Privacy Shield Pro product and may claim a one-time cash payment of $25.00. The deadline for exclusion and opting out has passed. Claims must be submitted by November 2, 2026, and the final approval hearing has been scheduled for October 15, 2026.

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Boone Health and CH Allied Services Pixel Settlement

Boone Health, a healthcare network that includes Boone Hospital Center in Columbia, Missouri, and its parent company, CH Allied Services, have agreed to settle class action litigation stemming from the use of the Meta Pixel tracking tool, Google Analytics code, and related tools which are alleged to have collected and disclosed sensitive patient data to third parties without patients’ knowledge or consent.

The first lawsuit was filed on December 5, 2022, and was refiled – Doe, et al. v. Boone Health, Inc., et al. – in the Circuit Court of Cole County, 19th Judicial Circuit, State of Missouri, adding further plaintiffs to the action. The lawsuit alleged that the plaintiffs and class members were harmed as a result of the disclosure of their personal and health information, and that their data was collected without their knowledge or consent. The defendants deny wrongdoing and disagree with all claims and contentions in the lawsuit and filed a motion to dismiss the action; however, that attempt was unsuccessful.

Following the court’s decision to deny the motion to dismiss, the parties agreed to settle the lawsuit to avoid the cost, distraction, and risks associated with a trial and related appeals. The defendants have agreed to pay attorneys’ fees and expenses, settlement administration costs, service awards for the class representatives, and benefits for the class members.

The class consists of Boone Health patients who reside in Missouri and logged into the patient portal between April 1, 2021, and December 5, 2022. A claim may be submitted for a cash payment of $20.00, and class members will be automatically enrolled in a 12-month membership to the CyEx Privacy Shield Pro product. The deadline for exclusion is October 9, 2026, and the deadline for objection is November 9, 2026. Claims must be submitted by November 9, 2026, and the final fairness hearing has been scheduled for December 1, 2026.

Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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