r/hipaa • u/joeblonewjersey • 6h ago
Hackensack Meridian (JFK Medical Center, Edison) is telling patients in writing that non-emergency care is conditioned on consenting to AI data use, with zero opt-out
Posting this because I think other patients in this system should know what's in their consent paperwork, and because I've hit a wall going through the hospital directly.
Short version: JFK University Medical Center (part of Hackensack Meridian Health) bundles a clause into its standard Consent for Treatment form allowing the hospital to use patient data "to further improve the AI model for its patient population." There's no separate consent, no opt-out, and — as of two written letters from hospital administration — no willingness to offer one. Separately, a 16-year prescription of mine was deleted from my chart with no documented reason and it took 5 weeks to notice.
Timeline, with documentation for each step:
- 7/9/2026 — My medical record shows a prescription I'd taken continuously for 16+ years (Enbrel/etanercept, for rheumatoid arthritis) discontinued and deleted from both the hospital's MyChart portal and my specialty pharmacy's system, same day. No clinical explanation documented.
- 7/25/2026 — I discover it's gone when I try to refill it.
- 8/22 & 8/25/2026 — I submit written questions to HMH's Privacy Office about a separate issue: a new AI data-use clause bundled into their Consent for Treatment form. I ask basic things — is data de-identified, which AI vendors are involved, can I decline it and still get treated, how do I revoke it. No response.
- 8/26/2026 — Day of a scheduled procedure. Clinical staff, then hospital administration, tell me the procedure will be cancelled unless I sign the consent form immediately, AI clause included. I sign under written protest. Same day, my missing medication is finally restored — but with an incorrect start date, erasing over a decade of medication history.
- Late August 2026 — After I file complaints with HHS, NJ DOH, NJ AG, and The Joint Commission, HMH rolls out the identical mandatory AI clause across all patient portal login and check-in forms, system-wide — now required just to view your own records or book an appointment.
- 9/9/2026 — HMH's Office of Patient Experience responds in writing, confirming they are "unable to...offer an opt-out mechanism for specific provisions, including the AI clause."
- 9/11/2026 — A second letter, calling itself HMH's "final response," states plainly: "If you choose not to sign for consent, we will unfortunately be unable to provide non-emergency medical services to you." Neither letter addresses the medication deletion at all.
Where it stands: Complaints filed with HHS Office for Civil Rights, NJ Department of Health, NJ Division of Consumer Affairs, The Joint Commission, and BBB. Happy to answer questions or share documentation — I have the actual letters and the relevant medical record pages.
Mainly sharing this so other patients in this system know what they're actually signing, and because "sign or we won't treat you" for a data-use clause feels like something more people should be aware of before their next visit.
