SSM Health Agrees to Settle MyChart Patient Portal Tracking Lawsuit
Individuals who used SSM Health’s MyChart patient portal when tracking tools were active are entitled to claim a cash payment and a 12-month membership to a digital privacy and identity protection service to compensate them for having their personal and health data disclosed to third parties such as Meta and Google.
The settlement resolves all claims in the lawsuit, Jane Doe v. SSM Health Care Corporation, d/b/a SSM Health, which was filed in the Circuit Court for the City of St. Louis in the State of Missouri on December 5, 2022. The lawsuit alleged that SSM Health added Meta Pixel and other third-party tracking technologies on its MyChart patient portal, which collected and transmitted protected health information to third-party tracking vendors, including their status as patients, their physicians, health conditions, treatments, facilities visited, and other sensitive data, without their knowledge or consent.
Tracking tools are used extensively across the internet and track user activity on websites. The data collected by these tools can be used for advertising and marketing purposes. In healthcare, if these tools are used on authenticated web pages such as patient portals, they can collect sensitive health data and transmit that information to technology vendors. Such disclosures violate HIPAA unless a business associate agreement is obtained or valid HIPAA authorizations.
The plaintiff alleged that SSM Health’s use of these tools amounted to negligence. The lawsuit also asserted claims of invasion of privacy – intrusion upon seclusion, breach of implied contract, breach of fiduciary duty, unjust enrichment, and a violation of the Illinois Consumer Fraud and Deceptive Practices Act. SSM Health denies all claims and contentions in the lawsuit and maintains there was no wrongdoing; however, a settlement was agreed to bring the litigation to an end to avoid the costs, risks, and uncertainty of a jury trial. Class counsel and the plaintiff believe the settlement is fair.
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Under the terms of the settlement, users who logged into the SSM Health MyChart patient portal between July 6, 2020, and February 10, 2023, when tracking tools were installed, are entitled to claim a 12-month membership to the CyEx Privacy Shield Pro service, which provides dark web monitoring, data broker opt-out, and identity protection services. In addition, class members may submit a claim for a cash payment of $31.50.
The settlement has received preliminary approval from the court, and the final fairness hearing is scheduled for November 21, 2025. Individuals wishing to opt out of or exclude themselves from the settlement have until October 27, 2025, to do so, and claims must be submitted by November 25, 2025. Further information can be found on the settlement website: https://ssmhealthdatasettlement.com/
