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.
- Severity
- Evidence tierUnassigned
- Claims confirmed
- 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.
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).
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.
Evidence
| Claim | Kind | Support | Sources |
|---|---|---|---|
| 1. The Markup found in June 2022 that 33 hospitals were sending Facebook data when a patient clicked 'Schedule Appointment.' | fact | supported | none recorded |
| 2. The sample was the 100 largest US hospital systems. | fact | contradicted | 1 (0 confirmed) |
| 3. In some cases tracking code sat inside the password-protected patient portal. | fact | unknown | none recorded |
| 4. In July 2023 the FTC and HHS's Office for Civil Rights jointly sent warning letters to roughly 130 healthcare providers. | fact | unsupported | 1 (1 confirmed) |
| 5. Advocate Aurora settled for $12.25 million. | fact | unsupported | 1 (1 confirmed) |
| 6. Other health systems have followed with settlements. | fact | unknown | none recorded |
| 7. In most suits the hospitals that configured the tracking are the primary defendants. | fact | unsupported | none recorded |
| 8. Epic maintains its software is HIPAA-compliant when used correctly. | fact | unsupported | none recorded |
| 9. Courts have not uniformly resolved Epic's liability. | fact | unsupported | 1 (0 confirmed) |
| 10. No hacker was involved. | fact | unknown | none recorded |
| 11. Given Epic's reach, hospital configuration decisions scaled into one of the broadest health-privacy exposures on record. | characterization | n/a | none recorded |
2 of 11 claims have a confirmed source of their own.
Sources
| Source | Claim | Tier | Status | Quote |
|---|---|---|---|---|
| reporting · 2022-06-16 themarkup.org/pixel-hunt/2022/06/16/facebook-is-receiving-sensitive-medical-information-from-hospital-websites | Claim 2 | Unassigned | corrected | “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 4 | Unassigned | confirmed | “The two agencies sent the joint letter to approximately 130 hospital systems and telehealth providers” Quote basis: not recorded. |
| court · 2024-07-10 | Claim 5 | Unassigned | confirmed | “Settlement Fund of $12,225,000.00” Quote basis: not recorded. |
| none | Claim 9 | Unassigned | not found | No quote recorded. Quote basis: not recorded. |
Source vault
Link status: Candidate - not yet fetched
| Document | Last fetch | |
|---|---|---|
| Privacy policy epic.com/privacypolicies ('For Patients: Mobile Privacy Policy'; mychart.epic.com/privacy-policy could not be fetched) | Not fetched yet | NO (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 yet | NO (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