Terms Unconditional

Health, Fitness & Misc Services · Health Records · Regulatory action + Private litigation

MyChart (Epic Systems)

Headline

The Markup found in June 2022 that 33 of Newsweek's top 100 US hospitals were sending Facebook a packet of data whenever a patient clicked 'Schedule Appointment' - and in some cases tracking code sat INSIDE the…

The Markup found in June 2022 that 33 of Newsweek's top 100 US hospitals were sending Facebook a packet of data whenever a patient clicked 'Schedule Appointment' - and in some cases tracking code sat INSIDE the password-protected patient portal, so logging in to read test results or message a doctor transmitted that activity to advertisers. On July 20, 2023 the FTC and HHS's Office for Civil Rights announced a joint letter sent to approximately 130 hospital systems and telehealth providers warning about exactly this. Advocate Aurora settled for $12.225 million (In re Advocate Aurora Health Pixel Litigation; final approval July 10, 2024), and other health systems - including BJC HealthCare ($5.5 million fund, up to $9.25 million) - have followed. Epic's own liability is genuinely contested and should be recorded as such: in most suits the hospitals that configured the tracking are the primary defendants, Epic maintains its software is HIPAA-compliant when used correctly, and courts have not uniformly resolved the question. No hacker was involved in any of it. Given that Epic software touches a very large share of US patients, the configuration decisions of individual hospitals scaled into one of the broadest health-privacy exposures on record.

  • SeveritySeverity 4 of 5. The Markup found in June 2022 that 33 of Newsweek's top 100 US hospitals were sending Facebook a packet of data whenever a patient clicked 'Schedule Appointment' - and in some cases tracking code sat INSIDE the…
  • Evidence tierUnassigned
  • Claims confirmed2 of 11 claims confirmed against a primary source
  • Last verified2026-08-04

Primary source. themarkup.org/pixel-hunt/2022/06/16/facebook-is-receiving-sensitive-medical-information-from-hospital-websites — Verified - primary source confirmed.

Last verified 96 days agoverified 96 days ago0180 days
Freshness. Last verified 96 days ago (2026-08-04); stale after 180 days.

Terms

Arbitration

REPORTED, CONFIRMED BY EPIC'S SPOKESPERSON (licence text itself not retrieved - verify against the app licence before publication): Epic's 2025 end-user licence agreement for the MyChart mobile app requires 'binding arbitration on an individual, and not a class or representative' basis; an Epic spokesperson told CTV News (Sept. 2025), 'We've included an arbitration provision and class action waiver.' Patients who decline the app agreement can still use the web-based MyChart run by their own health system, which Epic says is not covered by its standard terms (each organization may have its own terms); The Lever described the non-accepting option as 'a downgraded version with limited features.' Given Epic's market position, the practical choice for many patients is between accepting the app terms and using the more limited web portal.

Data sharing

ONE OF THE MOST CONSEQUENTIAL FINDINGS IN THIS ENTIRE TRACKER GIVEN SCALE: the Texas Attorney General's December 2025 antitrust complaint alleges Epic's software holds more than 325 million patient records - which Texas characterizes as more than 90% of US citizens (an allegation in pending litigation, not a finding). MULTIPLE INDIVIDUAL HEALTH SYSTEMS have separately settled Meta-Pixel-in-MyChart lawsuits (SSM Health, preliminary approval Sept 2025; Catholic Health System, undisclosed-amount settlement paying up to $20 per claimant, preliminary approval Dec 11, 2025; BJC HealthCare, $5.5 MILLION fund (up to $9.25M depending on claims), payments issued Jan 2026) — all alleging protected health information was transmitted to Meta/Google via tracking pixels embedded in the MyChart patient portal without consent. No source located in this review shows Epic Systems itself named as a defendant in the hospital pixel-tracking cases, which name the hospitals that configured the trackers; Epic has been named in separate matters, including the December 2025 Texas AG antitrust suit and a March 9, 2026 federal antitrust suit in the Western District of Texas. SEPARATELY, a January 2026 lawsuit brought by Epic together with other health organizations as PLAINTIFFS, against health-data network Health Gorilla, alleges patient records were improperly obtained by entities POSING AS LEGITIMATE HEALTHCARE PROVIDERS (the plaintiffs - Epic, OCHIN, Reid Health, Trinity Health and UMass Memorial Health - allege that Health Gorilla, Mammoth, RavillaMed and others improperly accessed and profited from nearly 300,000 patient records; allegations, not findings).

Who holds your data. Data chain: MyChart (Epic Systems), then Epic Systems Corporation (Verona, WI) (parent), then EHR vendor layer. See cross-cutting finding 16: THE EHR LAYER — THE COMPANY HOLDING YOUR CHART IS ONE YOU NEVER SIGNED WITH.

Fees and billing

MAJOR TEXAS AG ANTITRUST LAWSUIT (filed Dec 10, 2025): alleges Epic unlawfully monopolizes the electronic health records market, acting as a 'gatekeeper' controlling who can access patient data. MOST STRIKINGLY, the suit specifically alleges MyChart's DEFAULT SETTINGS automatically CUT OFF A PARENT'S PROXY ACCESS to their child's health records once the child turns 12 — hiding medication lists, treatment notes, and provider messages from parents WITHOUT explicit notice, allegedly denying parental rights guaranteed under Texas law. Texas separately settled earlier in 2025 with a clinic whose portal allegedly locked parents out at age 12 (reported as Austin Diagnostic Clinic; the clinic name and the restored-access terms were not confirmed against a primary source in this review). A SEPARATE federal antitrust suit by competitor Particle Health was allowed to proceed in part on Sept. 5, 2025 (S.D.N.Y., Judge Naomi Reice Buchwald): Sherman Act Section 2 monopolization and tortious-interference claims survived, while five of nine claims (including defamation) were dismissed. These are allegations in pending litigation, not findings.

Contacts

Privacy contact. PrivacyInquiries@epic.com; +1 608-271-9000

Legal notice. Not verified this pass. If publicly traded: SEC Form 10-K cover page gives the official corporate address; the Secretary of State business-entity search in the state of incorporation gives the registered agent, which must accept service. If private: the state registered agent is usually the only reliable route.

Mailing address. Not recorded.

Email only
Paper trail: email. Email only.

Evidence

ClaimKindSupportSources
1. The Markup found in June 2022 that 33 hospitals were sending Facebook data when a patient clicked 'Schedule Appointment.'factsupportednone recorded
2. The sample was the 100 largest US hospital systems.factcontradicted1 (0 confirmed)
3. In some cases tracking code sat inside the password-protected patient portal.factunknownnone recorded
4. In July 2023 the FTC and HHS's Office for Civil Rights jointly sent warning letters to roughly 130 healthcare providers.factunsupported1 (1 confirmed)
5. Advocate Aurora settled for $12.25 million.factunsupported1 (1 confirmed)
6. Other health systems have followed with settlements.factunknownnone recorded
7. In most suits the hospitals that configured the tracking are the primary defendants.factunsupportednone recorded
8. Epic maintains its software is HIPAA-compliant when used correctly.factunsupportednone recorded
9. Courts have not uniformly resolved Epic's liability.factunsupported1 (0 confirmed)
10. No hacker was involved.factunknownnone recorded
11. Given Epic's reach, hospital configuration decisions scaled into one of the broadest health-privacy exposures on record.characterizationn/anone recorded

2 of 11 claims have a confirmed source of their own.

Sources

SourceClaimTierStatusQuote
reporting · 2022-06-16
themarkup.org/pixel-hunt/2022/06/16/facebook-is-receiving-sensitive-medical-information-from-hospital-websites
Claim 2Unassignedcorrected“The Markup tested the websites of Newsweek's top 100 hospitals in America.”
Quote basis: not recorded.
regulator · 2023-07-20
www.ftc.gov/news-events/news/press-releases/2023/07/ftc-hhs-warn-hospital-systems-telehealth-providers-about-privacy-security-risks-online-tracking
Claim 4Unassignedconfirmed“The two agencies sent the joint letter to approximately 130 hospital systems and telehealth providers”
Quote basis: not recorded.
court · 2024-07-10Claim 5Unassignedconfirmed“Settlement Fund of $12,225,000.00”
Quote basis: not recorded.
noneClaim 9Unassignednot foundNo quote recorded.
Quote basis: not recorded.

Source vault

Link status: Candidate - not yet fetched

DocumentLast fetchPDF
Privacy policy
epic.com/privacypolicies ('For Patients: Mobile Privacy Policy'; mychart.epic.com/privacy-policy could not be fetched)
Not fetched yetNO (HTML only)
Terms of service
mychart.epic.com/terms-of-use (NOT VERIFIED - page blocked to automated fetch; terms are often set per health system)
Not fetched yetNO (HTML only)
Website
No URL recorded
Not fetched yet—
Primary source
https://themarkup.org/pixel-hunt/2022/06/16/facebook-is-receiving-sensitive-medical-information-from-hospital-websites
Verification: Verified - primary source confirmed
Not fetched yet—

Enforcement

No enforcement actions are linked to this row.

State statute

No comprehensive state privacy statute on file for WI