HIPAA Breach News

Stolen Laptop Contained the PHI of Dignity Health Patients

Resource Anesthesiology Associates (RAA) of California has started notifying certain patients of Dignity Health’s Mercy Hospital Downtown and Mercy Hospital Southwest that some of their protected health information was stored on a laptop computer that has been stolen.

RAA of California provides anesthesiology services at the Dignity Health hospitals, which requires access to patient data. On July 8, the laptop was stolen from an RAA of California administrator. The theft was reported to law enforcement, but the device has not been recovered.

RAA of California conducted an investigation to determine which patient information was stored on the device and could potentially be accessed. The review confirmed the following types of information were stored on the device: Names, addresses, dates of birth, provider names, dates of service, diagnoses and treatment information, health insurance information, and other information related to patients’ medical care.

The laptop computer was protected with a password, which provides a degree of protection against unauthorized access. However, passwords can be cracked, so there is a risk that information on the laptop could be viewed by unauthorized individuals. RAA of California said to date there has been no evidence found which indicates any of the information stored on the laptop computer has been accessed or misused.

RAA of California believes the risk of misuse of patient data is low but, out of an abundance of caution, is offering affected individuals a complimentary membership to identity theft protection services through IDX. Patients will receive 12 months of CyberScan monitoring and will be protected by a $1 million identity theft insurance policy, which includes fully managed identity theft recovery services.

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1,738 Patients of Coalinga State Hospitals Notified About Improper Disclosure of PHI

The Department of State Hospitals – Coalinga (DSH-C) in California has notified 1,738 patients that some of their protected health information has been impermissibly disclosed by a DSH-C employee.

The United States District Court, Eastern District of California had made a request to be provided with DSH-C patient rosters in order to determine whether patients were eligible for a waiver of filing fees when filing a lawsuit. Those rosters were provided to a District Court Clerk by a DSH-C employee.

The patient rosters contained information about patients that had not filed a lawsuit, and the rosters contained more information than was required by the District Court Clerk to determine eligibility for a waiver. The disclosure was therefore in violation of the HIPAA Rules.

The rosters contained the following data elements: name, case number, birth date, legal commitment, admission date, unit number, and gender. DSH-C said it has no reason to believe the information was used for any reason other than for an eligibility determination for a public benefit provided by the Court.

Upon discovery of the breach, the District Court Clerk was contacted and instructed to destroy all DSH-C patient rosters that were provided to the District Court. Staff members are being provided with further training on data protection and policies and procedures are being reviewed and revised to ensure greater clarity on allowable uses and disclosures of patient information.

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36,500 Patients of Austin Cancer Centers Notified About PHI Exposure

Austin Cancer Centers is alerting 36,503 patients about a security incident discovered on August 4, 2021 in which some of their protected health information was exposed.

Unauthorized individuals were discovered to have gained access to computer systems and installed malware. To prevent further unauthorized access, computer systems were immediately shut down and law enforcement was notified. Since then, Austin Cancer Centers has worked with cybersecurity experts to learn about the exact nature and scope of the incident. Austin Cancer Centers said the malware has now been removed, systems have been restored and secured, and its facilities are open.

The forensic investigation into the security breach confirmed hackers first gained access to its computer systems on July 21, and access remained possible until the breach was discovered on August 4. A comprehensive review was conducted to identify all files on the network that could possibly have been accessed in the attack. Those files were found to contain patient information such as names, addresses, dates of birth, insurance carrier names, and medical notes. The Social Security numbers of certain patients were also exposed, as were the credit card numbers of a limited number of patients.

Austin Cancer Centers does not believe the attackers had access to its entire network, but the decision was taken to send notifications to 36,500 patients out of an abundance of caution. Since the attackers no longer had access to its network from August 4, new patients who received medical services after that date were definitely not affected.

Austin Cancer Centers said the attackers took steps to avoid detection and hide their activities, which is why it took around two weeks to discover the security breach. Throughout the investigation the priority was to ensure systems were secured and patient data were protected, so notifications were delayed until it was certain that appropriate safety measures were in place.

The exact nature of the malware attack, including whether ransomware was involved, has not been released as the investigation into the security breach is ongoing. Austin Cancer Centers said further information about the incident will be shared with affected individuals via its website when it is deemed appropriate for the information to be released.

Since the breach occurred, Austin Cancer Centers has implemented additional technical safeguards to further enhance security, and rigorous privacy and security training has been provided for the entire staff.

Affected patients have been provided with a complimentary 1-yuear membership to the Equifax Credit Watch™ Gold credit monitoring service, which includes automatic fraud alerts and cover through a $1,000,000 identity theft insurance policy.

“We are deeply saddened and frustrated by this incident.  Caring for our patients during medically stressful times in their life, is our core business,” said Austin Cancer Center CEO, Laurie East. “We apologize to our family of patients for any concern this may create, and we will do everything we can to remedy the situation and help them through necessary steps to ensure their safety.”

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Walgreens Covid-19 Test Registration System Has Been Exposing Patient Data

The personal data of individuals who took a COVID-19 test at a Walgreens pharmacy has been exposed over the Internet due to vulnerabilities in its COVID-19 test registration system.

It is currently unclear how many individuals have been affected, although they could well number in the millions given the number of COVID-19 tests Walgreens has performed since April 2020. It is unclear when the vulnerabilities were introduced on the website, but they date back to at least March 2021 when they were discovered by Interstitial Technology PBC consultant Alejandro Ruiz. He identified a security error when a member of his family had a COVID-19 test performed at Walgreens. Ruiz contacted Walgreens to alert them to the data exposure, but claimed the company was not responsive.

Ruiz spoke to Recode about the issue, which had the security flaws confirmed by two security experts. Recorde reported the issue to Walgreens, and the company said, “We regularly review and incorporate additional security enhancements when deemed either necessary or appropriate.” However, as of September 13, 2021 the vulnerabilities had not been addressed.

Recode reports that using the Wayback Machine, which contains an archive of the Internet, it was possible to see blank test confirmations dating back to July 2020, indicating the vulnerabilities have been present since at least then.

According to the security researchers, the vulnerabilities were the result of basic errors in the Walgreens’ Covid-19 test appointment registration system. When a patient completes an online form, they are assigned with a 32-digit ID number and an appointment request form is created which has the unique 32-digit ID number in the URL. Anyone who has that URL is able to access the form. There is no need to authenticate to view the page.

The pages only contain a patient’s name, type of test, appointment time and location in the visible portion, but through the developer tools panel of a web browser it is possible to access other data, including date of birth, address, email address, phone number, and gender identity. Since the OrderID and the name of the lab that performed the test is also included in the data, it would be possible to access the test result, at least at one of Walgreens’ lab partners’ test result portals.

An active page could be viewed by an unauthorized individual if using a computer of someone who had booked a test via their Internet history. An employer, for instance, could view the information if the page was accessed on a work computer. The data would also be accessible to the third-party ad trackers present on the Walgreens appointment confirmation pages. Researchers note that the confirmation pages have ad trackers from Adobe, Dotomi, Facebook, Akami, Google, Monetate, and InMoment, all of which could potentially access private information.

The URLs of all confirmation pages are the same aside from the unique 32-digit code contained in a “query string”. The researchers said there are likely millions of active appointment confirmation pages since Walgreens has been conducting COVID-19 tests at around 6,000 sites across the United States for almost 18 months.

The researchers suggested a hacker could create a bot to generate 32-digit identification numbers, add them to URLs, and then identify active pages. Considering the number of digits in the URL that would be a lengthy task, but it is not beyond the realm of possibility.

“Any company that made such basic errors in an app that handles health care data is one that does not take security seriously,” said Ruiz to Recode. “It’s just another example of a large company that prioritizes its profits over our privacy.”

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Desert Wells Family Medicine Ransomware Attack Causes Permanent Loss of EHR Data

Queen Creek, AZ-based Desert Wells Family Medicine has started notifying 35,000 patients that their protected health information has been compromised in a recent ransomware attack. The attack occurred on May 21, 2021 and resulted in the encryption of data, including its electronic health record (EHR) system.

All data had been backed up prior to the attack, but in addition to encrypting files, the attacker corrupted backup files which means all data contained in its EHR system prior to May 21 cannot be recovered. The types of data in the system, which may also have been obtained by the hackers in the incident, included patient names, addresses, dates of birth, billing account numbers, Social Security numbers, medical record numbers, and treatment information.

Desert Wells said it has not found any evidence that suggests there has been any attempted or actual misuse of patient data, and the third-party computer forensics investigators found no evidence that patient data had been exfiltrated prior to file encryption, although it was not possible to rule out data theft with a high degree of certainty. Consequently, the decision was taken to offer affected patients complimentary identity theft protection and credit monitoring services.

“Upon discovering the extent of the damage, we engaged additional forensics and recovery services as part of our exhaustive efforts to do everything we could to try and recover the data. Unfortunately, these efforts to date have been unsuccessful and patient electronic records before May 21, 2021, are unrecoverable,” said Daniel Hoag, MD, a family medicine physician at Desert Wells.

Desert Wells is constructing a new EHR system and is attempting to populate patient records with data obtained from other sources, which includes hospitals, pharmacies, laboratories, and medical imaging centers; however, it is likely that some patient data have been permanently lost.

“We recognize this is an upsetting situation and, from my family to yours, sincerely apologize for any concern this may cause,” said Hoag. “I’m sure many of you have been reading about other healthcare providers in the community, and around the country, that have been impacted by cybersecurity events. For our part, we are continuing to take steps to enhance the security of our systems and the data entrusted to us, including by implementing enhanced endpoint detection and 24/7 threat monitoring, and providing additional training and education to our staff.”

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HealthReach Community Health Centers Reports Improper Disposal Incident Affecting Almost 117,000 Patients

The protected health information (PHI) of 116,898 patients of Waterville, MA-based HealthReach Community Health Centers has been exposed and potentially compromised.

HealthReach Community Health Centers, which operates 11 community health centers in Central and Western Maine, discovered a worker at a third-party data storage facility had improperly disposed of hard drives that contained the data of patients.

Under HIPAA, all electronic devices that contain PHI must be disposed of in a manner that ensures data on the devices cannot be read or reconstructed. This typically involves clearing (using software or hardware products to overwrite media with non-sensitive data), purging (degaussing or exposing the media to a strong magnetic field), or destroying the media via disintegration, pulverization, melting, incineration, or shredding.

In a data breach notice sent to the Maine Attorney General, HealthReach said patient data had been exposed on April 7 and it was notified about the improper disposal incident on May 7.  Upon discovery of the incident, HealthReach launched an investigation to determine what information was stored on the drives and which individuals had been affected.

The types of information on the stored drives varied from patient to patient and included patient names in addition to some or all of the following types of information: addresses, dates of birth, Social Security numbers, medical record numbers, health insurance information, lab test results, treatment records, and financial account information.

Notification letters were mailed to affected individuals on September 9, 2021. Individuals who had their Social Security number or financial information exposed have been offered complimentary identity theft protection and credit monitoring services for one year. At the time of issuing notification letters, HealthReach had not received any reports of attempted or actual misuse of patient data.

HealthReach said it is working with its data storage vendors to ensure similar breaches do not occur in the future, including providing further training for the workforce.

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Jackson Health Investigating Nurse Social Media HIPAA Violation

Jackson Health has launched an investigation into a nurse social media violation after photographs of a baby with a birth defect were posted on Facebook.

A nurse who worked in the neonatal intensive care unit at Jackson Memorial Hospital posted two photographs on Facebook of a baby with gastroschisis – a rare birth defect of the abdominal wall that can cause the intestines to protrude from the body. The photos were accompanied with the captions, “My night was going great then boom!” and “Your intestines posed (sic) to be inside not outside baby! #gastroschisis.” The disturbing images were posted on accounts belonging to Sierra Samuels.

The posting of images of patients on social media without first obtaining authorization is a serious breach of patient privacy. Photographs of patients are classed as protected health information and posting images on social media platforms, even in closed Facebook groups, is a violation of the Health Insurance Portability and Accountability Act (HIPAA) unless prior authorization is obtained from the patient.

HIPAA requires healthcare providers to provide privacy policy training to staff members. Training must be provided within a reasonable time after an employee joins a covered entity’s workforce and training must be regularly reinforced. The best practice is to provide refresher HIPAA privacy training annually. A sanctions policy must also be developed and implemented that clearly states the sanctions employees will face if they violate the HIPAA Rules.

After being alerted to the social media posts Jackson Health launched an investigation into the privacy violation and immediately placed the nurse on administrative leave pending the outcome of the investigation. “Protecting the privacy of our patients is always a top priority at Jackson Health System. Any potential privacy breach is taken seriously and thoroughly investigated,” said a spokesperson for Jackson Health. Jackson Health also confirmed that when employees violate patient privacy, despite being educated, they will be subject to disciplinary action which may involve suspension or termination.

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OCR Announces 20th Financial Penalty Under HIPAA Right of Access Enforcement Initiative

The Department of Health and Human Services’ Office for Civil Rights (OCR) has imposed its 20th financial penalty under the HIPAA Right of Access enforcement initiative that was launched in late 2019.

Children’s Hospital & Medical Center (CHMC), a pediatric care provider in Omaha, Nebraska, has been ordered to pay a penalty of $80,000 to resolve the alleged HIPAA Right of Access violation, is required to adopt a corrective action plan to address the noncompliance discovered by OCR, and will be monitored for compliance by OCR for a period of one year.

The Privacy Rule of the Health Insurance Portability and Accountability Act gave individuals the right to obtain a copy of their protected health information held by a HIPAA covered entity, and for parents and legal guardians to obtain a copy of the medical records of their minor children. HIPAA covered entities must provide the requested records within 30 days and are only permitted to charge a reasonable cost-based fee for providing copies. In certain circumstances, covered entities can apply for a 30-day extension, making the maximum time for providing records 60 days from the date the written request for access is received.

When individuals feel their HIPAA rights have been violated, they cannot take legal action against a HIPAA-covered entity for a HIPAA violation, but they can file a complaint with OCR. In this case, OCR received a complaint from a parent who alleged CHMC had not provided her with timely access to her minor daughter’s medical records.

CHMC received the parent’s request and provided some of her with some of her daughter’s medical records but did not provide all the requested information. The parent also made several follow-up requests to CHMC. OCR investigated and confirmed the parent requested a copy of her late daughter’s medical records in writing on January 3, 2020. Some of the requested records were provided; however, the remainder of the records needed to be obtained from a different CHMC division. Some of the remaining records were provided on June 20, 2020, with the rest provided on July 16, 2020. OCR determined this was in violation of the HIPAA Right of Access – 45 C.F.R. § 164.524(b).

In addition to the financial penalty, CHMC must review and update its policies and procedures related to the HIPAA Right of Access, provide the policies to OCR for assessment, and distribute the approved policies to the workforce and ensure training is provided.

“Generally, HIPAA requires covered entities to give parents timely access to their minor children’s medical records, when the parent is the child’s personal representative,” said Acting OCR Director Robinsue Frohboese. “OCR’s Right of Access Initiative supports patients’ and personal representatives’ fundamental right to their health information and underscores the importance of all covered entities’ compliance with this essential right.”

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Philadelphia Mental Health Service Provider Breach Affects 29,000 Patients

The Wedge Recovery Centers, a mental health service provider based in Philadelphia, Pennsylvania, discovered suspicious activity within the computer network on June 25, 2021 which indicated unauthorized individuals had breached the security defenses. Steps were immediately taken to block further access and an investigation was launched to determine the nature and scope of the breach.

The investigation confirmed an unauthorized actor had gained access to its network on June 25, 2021; however, no evidence was uncovered during the course of the investigation to suggest any individual’s information had been subjected to actual or attempted misuse as a result of the security breach.

A comprehensive review was conducted of all data potentially affected and that process is ongoing; however, it has now been confirmed that the following types of information were stored in files on parts of the network that were compromised: Name, address, date of birth, Social Security number, and treatment and health insurance information.

The Wedge Recovery Centers have implemented additional technical security safeguards to prevent further incidents of this nature and policies and procedures are being reviewed and enhanced to further improve privacy and security.

All individuals affected by the security breach are being notified by mail and have been advised to remain vigilant against identity theft and fraud and to review their account statements, explanation of benefits statements, and free credit reports for signs of suspicious activity or errors.

The breach has recently been reported to the Department of Health and Human Services’ Office for Civil Rights as affecting 29,000 individuals.

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