Washington hospitals and health systems received good news this month from the Washington State Supreme Court in Baker v. Seattle Children’s Hospital. The closely watched case involved website tracking technologies and patient privacy. 

The Court invalidated a proposed class action lawsuit against Seattle Children’s Hospital related to its use of the Meta Pixel on its public-facing website. Similar lawsuits have been filed against hospitals nationwide, often seeking significant damages through class action claims. The ruling removes one potential avenue for class action litigation against Washington hospitals and health systems. 

WSHA partnered with the U.S. Chamber of Commerce to file an amicus brief supporting Seattle Children’s Hospital. In the brief, WSHA urged the Court to consider the unique role hospitals play in providing accessible health information and easy-to-navigate online resources for patients and families. 

The Court concluded that website searches, clicks and automated website responses do not constitute protected private communications between individuals under the Washington Privacy Act. As a result, the website interactions at issue did not require two-party consent and did not violate state law. 

While the decision is a significant win, hospital leaders, attorneys and compliance teams should review the opinion carefully and assess how its facts compare to their own website tracking technologies and privacy practices. The ruling is narrowly focused on the specific facts presented and on public-facing website activity. 

The case highlights the importance of Washington’s judicial branch in shaping the legal and regulatory environment for health care. With Supreme Court races on the ballot this fall, WSHA encourages hospital leaders to stay informed and vote. Election results have an impact on sustaining access to local hospital services. 

Taya Briley
WSHA Executive Vice President & General Counsel
[email protected]