The class-action lawsuits filed by Herman Herman & Katz allege the Meta Pixel code has the ability to analyze, collect, and share sensitive medical data of hundreds of thousands of patients across the LCMC Health System and System networks Willis-Knighton Health System.
WHY IT IMPORTANT
Pixel technology uses Java tracking scripts to send organization data to the owner of the technology, in this case Meta, the owner of Facebook, Instagram, and WhatsApp. Tracked data may be shared with network marketing partners who target individuals with offers and advertisements.
The new class-action lawsuit alleges that visitors to health system websites may already have their protected health information – medical conditions, prescriptions, doctor’s names and prior appointments that – sent to Facebook when they schedule appointments online or through patient apps.
“For example, in one case, a woman received a targeted ad about heart disease and joint pain shortly after entering her information on one of the hospital’s websites,” the company said. in the notice.
Attorneys for the trial said Louisiana law generally prohibits sharing personal health information with third parties without the patient’s consent.
Stephen Herman, partner at Herman Herman & Katz, said that in addition to this shutdown, the legal team will also seek to pay any profits hospitals may make from selling data to victims. core.
LCMC Health System is a network of hospitals and medical facilities in the New Orleans area, including Children’s Hospital, East Jefferson General Hospital, New Orleans East Hospital, Touro, University Medical Center University of New Orleans and West Jefferson Medical Center.
The Willis-Knighton Health System is the largest healthcare provider in northwestern Louisiana and includes the Willis-Knighton Medical Center, Willis-Knighton South & Women’s Health Center, and the Willis-Knighton Medical Center. WK Bossier, WK Pierremont Medical Center and WK Rehabilitation Institute.
TREND TO BIGGER WOMAN
Multiple class action lawsuits involving alleged breaches of health information protected by pixel-tracking technologies have been filed since 2022 with several major US health systems named as co-defendants. petitions or are facing lawsuits themselves.
Several health systems, including Advocate Aurora Health, posted data breach notices when they learned that pixels or similar online tracking technologies had been installed on patient portals, websites, and apps. patient use.
In October, Advocate Aurora said up to 3 million patients in Illinois and Wisconsin may have been affected when the pixel passed certain patient information to third-party providers. The health system said it disabled or removed the pixels from its platform.
“What makes this situation particularly complicated and worrisome is that healthcare organizations themselves may not be aware that the Meta Pixel Engine has been embedded in their website and/or that it is tracking, compare and get patient data, including PHI.” according to Andrew Mahler, a former investigator with the HHS Office of Civil Rights and now the Deputy Director of Privacy and Compliance at CynergisTek.
“This highlights the importance of performing thorough risk analyses, appropriate training and education, as well as independent third-party assessment of policies, processes and systems,” he said. system to highlight potential vulnerabilities and risks”. Healthcare IT News.
In December, the US Department of Health and Human Services issued guidance on the use of online tracking tools in healthcare customer relationship management programs.
Regulated entities are not authorized to use tracking technologies in a manner that could result in the disclosure of ePHI to tracking technology providers or any other violation of the law, the agency said. with the HIPAA Rules”.
Meta has since been fined 390 million euros by European Union regulators, or more than $414 million, in a key decision over alleged violations of the EU’s General Data Protection Regulation.
ON PROFILE
“We are learning more about this shocking breach of trust as our investigation continues,” Herman said in the statement.
“This is a blatant invasion of privacy that we believe has been going on for years.”
Andrea Fox is the senior editor of Healthcare IT News.
Email: [email protected]
Healthcare IT News is a publication of HIMSS Media.
