HIPAA Breach News

Anna Jaques Hospital Suffers Christmas Day Cyberattack

Anna Jaques Hospital in Newburyport, MA, experienced a cyberattack on Christmas Day that resulted in an outage of its medical record system. The decision was taken to divert ambulances to other hospitals in the area until systems could be restored. On December 26, 2023, the emergency department started accepting patients. Few details have been released at this stage about the exact nature of the cyberattack and it is too early to tell if the attackers gained access to patient information. Third-party cybersecurity experts have been engaged and are investigating the attack and further information will be released as the investigation progresses.

Volunteer at NYC Health + Hospitals Impermissibly Accessed Patient Data

NYC Health + Hospitals has recently announced there has been an unauthorized disclosure of patients’ protected health information. NYC Health + Hospitals said it discovered on October 23, 2023, that an employee of NYC Health + Hospitals/Kings County allowed a Kings County volunteer to assist with processing laboratory test specimens for Kings County patients; however, the volunteer was not authorized to work in the laboratory and was not permitted to access patients’ protected health information.

While assisting in the laboratory, the volunteer accessed patients’ names, dates of birth, medical record numbers, locations within the hospital, and the laboratory tests ordered. Affected individuals had laboratory tests performed between October 2, 2021, and August 14, 2023. While PHI was impermissibly accessed, there are no indications that any of that information has been misused.

NYC Health + Hospitals said it has taken steps to prevent similar incidents from occurring in the future, including notifying all laboratory personnel that they are not permitted to provide non-employees with access to any NYC Health + Hospitals laboratories. NYC Health + Hospitals has also confirmed that the employee no longer works for NYC Health + Hospitals and has been barred from future employment at NYC Health + Hospitals, and the volunteer is no longer volunteering at NYC Health + Hospitals and has been barred from future volunteer work at NYC Health + Hospitals.

The incident has not yet appeared on the HHS’ Office for Civil Rights breach portal so it is currently unclear how many individuals have been affected.

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ProSmile Holdings Notifies Patients About July 2022 Data Breach

ProSmile Holdings, LLC, a New Jersey dental service organization, started notifying patients on December 22, 2023, about a breach of its email environment. Suspicious activity was detected in July 2022, and a third-party cybersecurity company was engaged to investigate the unauthorized activity and determine if any sensitive data had been exposed or compromised. ProSmile Holdings was notified on December 1, 2022, that numerous email accounts had been compromised and accessed without authorization, and personal and protected health information may have been accessed or acquired.

On January 27, 2023, ProSmile Holdings engaged a vendor to conduct a review of the affected files, and the review was completed on November 29, 2023. The compromised information included names, dates of birth, Social Security numbers, driver’s license or other state identification card numbers, financial account numbers, payment card numbers, medical treatment information, diagnosis or clinical information, provider information, prescription information, and health insurance information.

ProSmile Holdings made an announcement about the data breach on March 28, 2023, but was unable to confirm at that time how many individuals had been affected or what data had been exposed. The incident is not yet showing on the HHS’ Office for Civil Rights breach portal, so it is currently unclear how many individuals have been affected.

It is also unclear why it took 5 months to discover that patient data was involved, a further two months to initiate a document review, and 10 months to complete that review. The first announcement about the breach was not made for 7 months, and it has taken 17 months for individual notifications to be issued.

Valley Health System Affected by Data Breach at ESO Solutions

Valley Health System in Las Vegas has confirmed that it was affected by a ransomware attack and data breach at its software vendor, ESO Solutions, in late September. ESO notified Valley Health System about the breach in late October and confirmed that patient names, phone numbers, addresses, and some personal or health information were compromised. The breach has affected 5 Valley Health System hospitals: Centennial Hills Hospital, Desert Springs Hospital, Spring Valley Hospital, Summerlin Hospital, and Valley Hospital. The affected individuals were notified about the breach on December 12, 2023.

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Pan-American Life Insurance Group Reports 105,000-Record Data Breach

Pan-American Life Insurance Group, Inc. (PALIG) has recently confirmed that it was one of the victims of the Clop hacking group, which exploited a zero-day vulnerability in Progress Software’s MOVEit Transfer file transfer solution in late May 2023.

PALIG was notified about the vulnerability by Progress Software and immediately disabled to software until the patch could be applied. The patch was applied, and steps were taken to improve the security of its systems. At the same time, an investigation was launched to determine if the vulnerability had been exploited, and that proved to be the case. On October 5, 2023, PALIG determined that files had been removed from the MOVEit server that contained the protected health information of 105,387 individuals, including names, addresses, Social Security numbers, dates of birth, driver’s license numbers, contact information, medical and medical benefits information, subscriber numbers, certain biometric data, and financial account and credit card information.

PALIG has now notified those individuals and has offered complimentary credit monitoring services. PALIG has also confirmed that steps have been taken to further improve security and ensure the security of third-party transfer tools.

Bellin Health Notifies Patients About October Cyberattack

Bellin Health has recently announced that an unauthorized third party gained access to its internal systems and may have viewed or acquired the information of patients who purchased home care equipment between 2006 and 2013. Unauthorized activity was detected within its computer systems on October 27, 2023. Its IT security team immediately took steps to contain the activity and launched an investigation to determine the nature and scope of the unauthorized activity.

Assisted by third-party cybersecurity experts, Bellin Health determined that a cyber actor gained access to a folder containing archived scanned documents that contained patient names in combination with one or more of the following: address, phone number, date of birth, and/or health information related to home care equipment. A limited number of documents also included Social Security numbers.

Bellin Health said it has strengthened system security and will continue investing in cybersecurity. The breach was reported to the HHS’ Office for Civil Rights as affecting 20,790 individuals. Patients whose Social Security numbers were exposed have been offered complimentary credit monitoring and identity theft protection services.

Clay County, Minnesota Suffered a Ransomware Attack in October

Clay County in Minnesota announced on December 22, 2023, that it fell victim to a ransomware attack in October. The unauthorized activity was detected in its electronic document management system on October 27, 2023, and the forensic investigation revealed there had been unauthorized access between October 23, 2023, and October 26, 2023, when ransomware was used to encrypt files.

The investigation confirmed that access had been gained to names in combination with one or more of the following: address, date of birth, Social Security number, information regarding services provided by Clay County Social Services (locations of service, dates of service, client identification number or unique identifier), insurance identification number, and insurance or billing information.

Clay County officials confirmed that they have taken several steps to improve security, including implementing multifactor authentication for remote access to the compromised CaseWorks application, updating procedures for external access by vendors, implementing tools to enhance detection and accelerate the response to cyber incidents, and implementing enhanced technical security measures for the CaseWorks application.

The incident is not yet showing on the HHS’ Office for Civil Rights breach portal, so it is currently unclear how many individuals have been affected.

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Retina Group of Washington Data Breach Affects 456,000 Patients

Almost 456,000 individuals have been affected by a Retina Group of Washington data breach and have started receiving notifications, 9 months after the breach occurred.

On December 22, 2023, Retina Group of Washington, PLLC, filed a breach report with the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) that involved the protected health information of 455,935 individuals. Notification letters started to be mailed the same day.

According to the notification letters, Retina Group of Washington started experiencing difficulty accessing information on some of its systems on March 26, 2023. An investigation was launched, and the Federal Bureau of Investigation (FBI) was notified, and it was determined that the file access problems were due to a cyberattack.

Retina Group of Washington did not state the cause of the cyberattack but the wording of the letters suggests this was a ransomware attack. In the notification letters, Retina Group of Washington said the investigation into the cyberattack is still ongoing, but it has been confirmed that patient data was stolen in the attack.

The types of information involved include names, addresses, telephone numbers, email addresses, dates of birth, demographic information, Social Security numbers, Driver’s license numbers, medical record numbers, health information, payment information, and health insurance information.

Retina Group of Washington said it has not identified any attempted or actual misuse of patient data and will continue to implement additional procedures and security measures to strengthen the security of its systems.

Based on the breach notifications, it does not appear that credit monitoring and identity theft protection services are being offered. Affected patients have been told to “remain vigilant against incidents of identity theft and fraud, to review their account and explanation of benefits statements, and to monitor their free credit reports for suspicious activity and to detect errors.” Retina Group of Washington also suggests placing a credit freeze on accounts.

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Fred Hutchinson Cancer Center Lawsuits Mount After Cyberattack and Data Breach

More than half a dozen lawsuits have been filed against the Fred Hutchinson Cancer Center over a cyberattack and data breach that occurred over the Thanksgiving weekend. Unauthorized individuals gained access to its network where patient data was stored and removed files containing names, contact information, medical information, and Social Security numbers. The Hunters International hacking group claimed responsibility for the attack, and when the Fred Hutchinson Cancer Center refused to pay the ransom demand, they turned their attention to patients and started contacting them directly demanding payment of $50 to have their stolen data deleted. The hacking group claimed to have stolen the data of 800,000 patients.

Class action lawsuits are commonly filed after large data breaches, and it was inevitable that the affected individuals would take legal action given that they had been directly threatened by the individuals behind the attack. The lawsuits make similar claims, and it is therefore likely that they will be consolidated into a single class action lawsuit. The most common claims are that the Fred Hutchinson Cancer Center was negligent by failing to implement reasonable and appropriate safeguards to protect its internal networks and patient data against unauthorized access and that the breach occurred as a result of those security failures.

One of the lawsuits – Alexander Irvine and Barbara Twaddell v. Fred Hutchinson Cancer Center and University of Washington – was filed in the Superior Court of the State of Washington in King County, and claims that the plaintiffs believed that the defendants had implemented and maintained reasonable and appropriate security practices due to the representations of the defendants, when that was not the case. Both of the named plaintiffs claim they first learned about the data breach when they were contacted directly by the hackers and threatened with the public release/sale of their sensitive data. They claim that the Fred Hutchinson Cancer Center failed to issue prompt notifications to allow them to take steps to protect themselves against identity theft and fraud.

The lawsuit claims the plaintiffs and class members now face grave and lasting consequences from the attack and have suffered injury and damages including a substantial and imminent risk of identity theft and medical identity theft, loss of confidentiality of highly sensitive PII/PHI, deprivation of the value of PII/PHI, and overpayment for services that did not include adequate data security, and other harms. In addition to negligence, the lawsuit alleges negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment, and a violation of the Washington Consumer Protection Act. The lawsuit seeks a jury trial and actual, statutory, and punitive damages, restitution, disgorgement, and nominal damages, and equitable, injunctive, and declaratory relief. Another lawsuit, Shawna Arneson v. Fred Hutchinson Cancer Center, was filed in the same court and makes similar claims, and alleges the actions of Fred Hutchinson Cancer Center violated HIPAA.

A third lawsuit – Doe v. Fred Hutchinson Cancer Center et al – was filed in the US District Court for the Western District of Washington by John Doe, the father of Jack Doe, and similarly situated individuals. Other defendants named in the lawsuit include UW School of Medicine, UW Medical Center, Harborview Medical Center, Valley Medical Center, UW Physicians, UW Neighborhood Clinics (dba UW Medicine Primary Care), Airlift Northwest, and Children’s University Medical Group.

Jack Doe received healthcare services from UW Medicine but was never a patient of the Fred Hutchinson Cancer Center; however, his data was shared with the Fred Hutchinson Cancer Center as both health systems work together to advance cancer research. The lawsuit alleges that the defendants failed to implement appropriate cybersecurity measures and failed to protect patients from “a flood of extortionary threats by cybercriminals.” The lawsuit alleges long-standing security failures, as the Fred Hutchinson Cancer Center also failed to prevent a breach of an employee email account in March 2022. The lawsuit seeks a jury trial and an award of damages, relief, and restitution.

Fred Hutchinson Cancer Center Data Breach Lawsuits

  • Alexander Irvine and Barbara Twaddell v. Fred Hutchinson Cancer Center and University of Washington – The plaintiffs are represented by Alexander F. Strong of Stobaugh & Strong P.C., Ben Barnow, Anthony L. Parkhill, and Riley W. Prince of Barnow and Associates.
  • Doe v. Fred Hutchinson Cancer Center et al – The plaintiffs and class are represented by Turke & Strauss LLP.
  • Shawna Arneson v. Fred Hutchinson Cancer Center – The plaintiffs are represented by Kim D. Stephens & Cecily C. Jordan of Tousley Brain Stephens PLLC.

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Website Pixel Use Leads to $300K Fine for New York Presbyterian Hospital

New York Presbyterian Hospital has agreed to settle alleged violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule with the New York Attorney General and will pay a financial penalty of $300,000.

NYP operates 10 hospitals in New York City and the surrounding metropolitan area and serves approximately 2 million patients a year. In June 2016, NYP added tracking pixels and tags to its nyp.org website to track visitors for marketing purposes. In early June 2022, NYP was contacted by a journalist from The Markup and was informed that these tools were capable of transmitting sensitive information to the third-party providers of the tools, including information classified as protected health information under HIPAA.

On June 16, 2023, The Markup published an article about the use of these tools by NYP and other U.S. hospitals, by which time NYP had already taken steps to remove the tools from its website and had initiated a forensic investigation to determine the extent of any privacy violations.  NYP determined that PHI had potentially been impermissibly disclosed and reported the breach to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on March 20, 2023, as involving the protected health information (PHI) of up to 54,396 individuals.

NY Attorney General Launches HIPAA Investigation

NY Attorney General, Letitia James opened an investigation of NYP in response to the reported breach to determine whether NYP had violated HIPAA and New York laws. The investigation confirmed that NYP had added several tracking tools to its website that were provided by third parties such as Bing, Google, Meta/Facebook, iHeartMedia, TikTok, The Trade Desk, and Twitter. These tools were configured to trigger on certain user events on its website. Most were configured to send information when a webpage loaded, and some sent information in response to clicks on certain links, the transmission of forms, and searches conducted on the site. The snippets of information sent to third parties included information about the user’s interactions on the website, including the user’s IP address, URLs visited, and searches. The tools provided by Google, Meta, and the Trade Desk also received unique identifiers that had been stored in cookies on the user’s devices.

Meta/Facebook also received information such as first and last name, email address, mailing address, and gender information, if that information was entered on a webpage where the Meta pixel was present. In some cases, the information sent to third parties included health information, such as if the user researched health information, performed a search for a specialist doctor, or scheduled an appointment. Certain URLs also revealed information about a specific health condition.

The tracking tools from Meta, Google, and the Trade Desk were used to serve previous website visitors with targeted advertisements based on their previous interactions on the website. NYP and its digital marketing vendor also used Meta pixel data to categorize website visitors based on the pages they visited and used Meta pixel to serve advertisements to other individuals with similar characteristics, known as “lookalike audiences.” For example, NYP identified individuals who visited webpages related to prostate cancer, and those individuals were then served targeted advertisements on other third-party websites related to prostate cancer.

Commonly Used Website Tracking Tools Violate HIPAA

These tracking tools are widely used by businesses of all types and sizes for marketing, advertising, and data collection purposes; however, in contrast to most businesses with an online presence, hospitals are HIPAA-covered entities and are required by federal law to ensure the privacy of personal and health information. As confirmed by the HHS’ Office for Civil Rights in December 2022 guidance, third-party tools that are capable of collecting and transmitting PHI may only be used if there is a business associate agreement (BAA) in place and the disclosure of PHI is permitted by HIPAA or if HIPAA-compliant authorizations have been obtained from patients. NYP, like many other HIPAA-covered entities that used these tools, had no BAAs in place with the tracking tool vendors and did not obtain consent from patients to disclose their PHI to those vendors.

The New York Attorney General determined that while NYP had policies and procedures relating to HIPAA compliance and patient privacy, they did not include appropriate policies and procedures for vetting third-party tracking tools. The New York Attorney General determined that the use of these tools violated § 164.502(a) of the HIPAA Privacy Rule, which prohibits disclosure of PHI, and § 164.530(c) and (i), which requires administrative, technical, and physical safeguards to protect the privacy of PHI and policies and procedures to comply with those requirements. NYP was also found to have violated New York Executive Law § 63 (12), by misrepresenting the manner and extent to which it protects the privacy, security, and confidentiality of PHI.

Settlement Agreed to Resolve Alleged Violations of HIPAA and State Laws

NYP fully cooperated with the investigation and chose to settle the alleged violations with no admission or denial of the findings of the investigation. In addition to the financial penalty, NYP has agreed to comply with Executive Law § 63 (12), General Business Law § 899-aa, and the HIPAA Privacy Rule Part 164 Subparts E and the HIPAA Breach Notification Rule 45 C.F.R. Part 164 Subpart D concerning the collection, use, and maintenance of PHI. NYP is also required to contact all third parties that have been sent PHI and request that information be deleted and NYP has agreed to conduct regular audits, reviews, and tests of third-party tools before deploying them to an NYP website or app, and conduct regular reviews of the contracts, privacy policies, and terms of use associated with third-party tools.

NYP is also required to clearly disclose on all websites, mobile applications, and other online services it owns or operates, all third parties that receive PHI as the result of a pixel, tag, or other online tool, and provide a clear description of the PHI that is received.  The notice must be placed on all unauthenticated web pages that allow individuals to search for doctors or schedule appointments, as well as any webpage that addresses specific symptoms or health conditions.

OCR’s guidance on tracking technologies is being challenged in court due to doubts about whether the types of information collected by tracking tools fall under the HIPAA definition of PHI. The requirements of the settlement concerning the use of tracking technologies and the restrictions imposed will remain in effect until the relevant sections of OCR’s guidance are amended, superseded, withdrawn, revoked, supplanted by successive guidance, or temporarily or permanently enjoined and/or rejected by a court ruling applicable to HIPAA-covered entities in New York.

“New Yorkers searching for a doctor or medical help should be able to do so without their private information being compromised,” said Attorney General James. “Hospitals and medical facilities must uphold a high standard for protecting their patients’ personal information and health data. New York-Presbyterian failed to handle its patients’ health information with care, and as a result, tech companies gained access to people’s data. Today’s agreement will ensure that New York-Presbyterian is not negligent in protecting its patients’ information.”

A spokesperson for NYP responded to the resolution of the investigation and provided the following statement, “We are pleased to have reached a resolution with the New York State Attorney General on this matter. The privacy and security of our patients’ health information is of paramount importance, and the protection of this confidential information remains a top priority. We continually assess our data collection, data privacy, and digital monitoring tools and practices so that they meet or exceed the highest standards.”

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Integris Health Confirms 2.39 Million Individuals Affected by Cyberattack

Integris Health has completed the review of the files that were accessed/stolen in its November 2023 cyberattack and has reported the incident to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) as affecting 2,385,646 individuals. The breach notices explain that the information stolen in the cyberattack varies from individual to individual and includes names in combination with one or more of the following: date of birth, contact information, demographic information, and/or Social Security number. Integris Health’s investigation confirmed that employment information, driver’s licenses, financial/payment information, and usernames/passwords were not accessed or stolen. Integris Health said it has reviewed and enhanced existing policies and procedures to reduce the likelihood of a similar future incident.

The lawsuits against Integris Health are mounting. One of the latest, Johnston v. Integris Health Inc., was filed in the U.S. District Court for the Western District of Oklahoma and names Teresa Johnson as lead plaintiff. The lawsuit alleges negligence for failing to implement reasonable and appropriate safeguards and seeks compensatory damages, punitive damages, nominal damages, restitution, injunctive and declaratory relief, and attorney fees and costs. The class action lawsuits make similar claims and and are based on the same facts, so they are likely to be consolidated into a single lawsuit.

Jan 4, 2024: Integris Health Facing Multiple Class Action Lawsuits Over Cyberattack & Data Breach

Several class action lawsuits have been filed against Integris Health over its recent cyberattack and data breach. While Integris Health has yet to confirm how many individuals have been affected, the threat actor behind the attack claims to have obtained the data of around 2 million patients and emailed those patients directly on December 24, 2023, demanding payment after Integris Health refused to pay the ransom.

One of the lawsuits – Zinck et al v. Integris Health Inc. – was filed by William Federman of the law firm Federman & Sherman in the U.S. District Court for the Western District of Oklahoma on behalf of plaintiff Aaron Zinck and similarly situated individuals. The lawsuit alleges that Integris Health failed to implement reasonable and appropriate security measures to protect patient data, despite being aware of a high risk of ransomware and other cyberattacks on hospitals.

Federman criticized Integris Health for the lack of transparency about the cyberattack and data breach, claiming Integris Health did not make any announcement about the attack until after patients were contacted directly by the hackers. Integris Health explained in its notification to patients that the threat actor gained access to its systems on November 28, 2023. Federman alleges Integris Health withheld important information that could have allowed the plaintiff and class members to take action to secure their identities and protect against fraud. While it is typical for healthcare organizations to offer complimentary credit monitoring and identity theft protection services when sensitive data is known to have been stolen, those services do not appear to have been offered.

The lawsuit seeks a jury trial, an award of damages, and attorney’s fees. Several other lawsuits have also been filed in the past few days that make similar claims, including Joseph E Bointy v. Integris Health, Gregory Leeb v. Integris Health, and Civi et al v. Integris Health Inc.

December 27, 2023 – Integris Health Patients Contacted Directly by Threat Actors After Cyberattack

Integris Health, the largest not-for-profit Oklahoma-owned health system in the state, has confirmed that its internal systems have been compromised in a cyberattack and an unauthorized third party obtained patient data. Integris Health operates 15 hospitals in Oklahoma and many specialty clinics, family care practices, and centers of excellence. Integris Health uploaded a notice to its website on December 24, 2023, about a data privacy incident. According to Integris Health, suspicious activity was detected within its IT systems, and immediate action was taken to prevent further unauthorized access. An investigation was launched to determine the nature and scope of the breach, which revealed the unauthorized access started on November 28, 2023. The unauthorized actor exfiltrated sensitive data from Integris Health’s systems but did not encrypt files.

Integris Health has conducted a review of the affected files and has confirmed that the compromised information includes names, dates of birth, contact information, demographic information, and Social Security numbers. Integris Health said health information, financial information, driver’s licenses, and usernames/passwords were not stolen. On December 24, 2023, Integris Health started to be contacted by some of its patients after they received communications from a group that claimed responsibility for the cyberattack. The threat group explained in the communications with patients that they had obtained names, dates of birth, SSNs, addresses, phone numbers, insurance information, and employer information, and that they would be selling the data on the dark web to be used for fraud and identity theft. Patients were told they could prevent the sale of their data by making a payment before January 5, 2024, otherwise, the entire database will be sold to a data broker. The communications with patients include a sample of the stolen data as proof, which some patients have confirmed is genuine.

The threat actor claims to have obtained the protected health information of more than 2 million Integris Health patients, and that the reason for demanding payment from patients is because Integris Health has refused to pay to have the information deleted. The patients have been provided with a Tor link to make payment and the threat actor is charging individuals $3 to view their stolen data or $50 to have the data deleted. According to Bleeping Computer, the Tor extortion site lists 4,674,000 records, although it is unclear if all of those records are unique. Integris Health has yet to confirm how many individuals have been affected.

There have been several recent cyberattacks where individual patients have been contacted directly by the threat actors behind the attack after the breached organization refused to pay a ransom demand. Earlier this year, patients of a plastic surgery clinic were contacted directly and were told that sensitive photographs and other information had been put in the public domain and payment was required to have the information taken down. Recently, the Hunters International threat group contacted patients of the Fred Hutchinson Cancer Center when the ransom was not paid and told the patients they had to pay $50 to have their information deleted otherwise it would be sold. The data was stolen in a cyberattack over the Thanksgiving Day weekend.

While paying the $50 may result in the stolen data being deleted, there is no guarantee. Individuals who pay up could be subjected to further extortion attempts and/or their sensitive data may still be sold.  “We encourage anyone receiving such communications to NOT respond or contact the sender, or follow any of the instructions, including accessing any links,” said Integris Health in its website notification.

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Another Corewell Health Business Associate Suffers Million-Record Data Breach

The Michigan Attorney General’s Office announced on Tuesday that the protected health information of more than one million Corewell Health patients had been compromised in a cyberattack on one of Corewell Health’s vendors. HealthEC provides Corewell Health with a population health management platform that is used to identify high-risk patients in southeastern Michigan to close gaps in care and identify barriers to optimal care.

HealthEC explained in its breach notification letters that suspicious activity was identified within its network and the forensic investigation determined that an unknown, unauthorized actor had access to some internal systems between July 14, 2023, and July 23, 2023. During that time, files containing protected health information were removed from its systems. HealthEC conducted a review of all files on the compromised part of the network and notified its affected clients on October 26, 2023. HealthEC then worked with those clients to issue notifications. According to the notification sent to the Maine Attorney General, HealthEC started mailing notification letters to 112,005 individuals on December 22, 2023. Some of HealthEC’s covered entity clients have opted to send notification letters themselves.

According to HealthEC, the following types of information were compromised: names, addresses, dates of birth, Social Security numbers, medical record numbers, diagnoses and diagnosis codes, mental/physical condition, prescription information, providers’ names, beneficiary numbers, subscriber numbers, Medicaid/Medicare identification numbers, patient account numbers, patient identification numbers, and treatment cost information. HealthEC has offered complimentary credit monitoring and identity theft protection services to the affected individuals for 12 months.

Data breaches at business associates of HIPAA-covered entities often affect many of their clients. Another HealthEC client known to have been affected is Beaumont ACO in Michigan. It is possible that individuals may receive two notification letters related to this incident if they have previously received services from Corewell Health and Beaumont ACO.

This is the second major data breach to affect Corewell Health patients this year. In November, Welltok Inc., which provides patient communication services, started notifying around one million Corewell Health patients that some of their protected health information had been stolen when a zero-day vulnerability was exploited in Progress Software’s MOVEit Transfer file transfer solution. The two incidents are unrelated and were conducted by separate threat actors. Corewell Health patients had their names, dates of birth, email addresses, phone numbers, diagnoses, health insurance information, and Social Security numbers stolen by the Clop hacking group. The same breach also affected Priority Health, which is Corewell Health’s insurance plan.

“Health information is some of the most personal information we have,” said Michigan Attorney General Dana Nessel. “Michigan residents have been subjected to a surge of healthcare-related data breaches and deserve robust protection. It is critical that the Michigan legislature join the many other states that require companies who experience a data breach to immediately inform the Department of Attorney General.”

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December Healthcare Data Breach Round-Up

Data breaches have been reported by Cardiothoracic and Vascular Surgeons, ZOLL Medical Corporation, Erie Family Health Centers, Health Diagnostic Management, BlueCross BlueShield of Tennessee, and Rush System for Health.

Cardiothoracic and Vascular Surgeons Investigating Cyberattack

Cardiothoracic and Vascular Surgeons in Texas discovered on October 13, 2023, that its systems had been accessed by an unauthorized individual. The forensic investigation confirmed there had been unauthorized access to its IT systems between October 12 and October 13, 2023, and during that time, an unauthorized third party may have viewed or obtained files containing patient information.

The review of the affected files is still ongoing, but the following types of information are anticipated to have been exposed:  individuals’ names, Social Security Numbers, credit card information, account numbers and passwords, financial account information, driver’s licenses, dates of birth, medical record numbers, health insurance information, patient account numbers, doctors’ or medical professionals’ names, treatment information, procedure codes, diagnosis codes, Medicaid/Medicare numbers, dates of treatment, prescription information, diagnosis and symptoms information.

Cardiothoracic and Vascular Surgeons said they are reviewing their policies, procedures, and processes related to the storage and access of sensitive information to reduce the likelihood of a similar future incident. Since the number of individuals affected has yet to be established, the breach has been reported to the HHS’ Office for Civil Rights with an interim figure of 500 individuals and will be updated when the file review is completed.

PHI Compromised in Phishing Attack on ZOLL Medical Corporation

ZOLL Medical Corporation has recently announced that it was the victim of a sophisticated phishing attack. An employee responded to a phishing email and disclosed credentials that allowed the email account to be accessed. According to the breach notice provided to the Maine Attorney General, the attack occurred on August 2, 2023, and it was detected on November 1, 2023.

The review of the account confirmed it contained names, addresses, and Social Security numbers. The breach was reported to the Maine Attorney General as affecting 15,276 individuals in total. The HHS’ Office for Civil Rights breach portal indicates the PHI of 8,898 individuals was compromised.  ZOLL Medical has offered the affected individuals 36 months of credit monitoring and identity theft protection services.

Email Account Breach Reported by Erie Family Health Centers

Erie Family Health Centers has recently confirmed that the protected health information of 6,351 patients was potentially accessed or obtained by an unknown threat actor who gained access to the email account of one of its employees on October 1, 2023. The email account breach was detected on October 19, 2023, and the account was immediately secured. Erie Family Health Centers engaged a cybersecurity company to determine whether patient data had been viewed. No evidence of unauthorized access to patient data was found, nor evidence of any uploads of patient data to the dark web. The information in the account included names, dates of birth, medical record numbers, dates of service, laboratory test tracking numbers, and insurance identification numbers. Affected patients have been offered complimentary credit monitoring services.

Health Diagnostic Management Announces Patient Portal Breach

Health Diagnostic Management (HDM), a New York-based provider of non-medical management services for diagnostic imaging centers, experienced a breach of its patient portal on October 12, 2023. The vendor that operates the HDM patient portal identified suspicious activity on October 13, 2023. Its investigation revealed that valid credentials for a referring physician from Brooklyn Premiere Orthopedics were used to access the patient portal. Brooklyn Premiere Orthopedics announced it had suffered a data breach the week before the unauthorized activity was detected, leading HDM to conclude that the credentials were stolen in that breach.

The review of the affected accounts concluded on November 21, 2023, and affected individuals were notified on October 16, 2023. Affected individuals have been offered complimentary credit monitoring services. HDM is in the process of implementing additional security safeguards, and has engaged a third-party vendor to conduct penetration tests on the patient portal after the security updates are implemented. The breach was reported to the HHS’ Office for Civil Rights as affecting 1,863 individuals.

BlueCross BlueShield of Tennessee Affected by MOVEit Hack

BlueCross BlueShield of Tennessee (BCBST) has announced that the protected health information of 1,665 of its members was stolen by the Clop hacking group, which exploited a zero-day vulnerability in Progress Software’s MOVEit Transfer tool. MOVEit Transfer was used by the BCBST business associate NASCO for file transfers. The vulnerability was exploited on May 30, 2023, and NASCO learned it had been affected on July 12, 2023, and notified BCBST about the breach on October 20, 2023. The information compromised in the incident was limited to health insurance numbers, group numbers and names, claim information, medical ID numbers, dates of service, procedure codes, and provider names. NASCO is notifying the affected BCBST members and is offering 24 months of identity monitoring services.

Rush System for Health Notifies Patients About Emil Error

An email error at Rush University System for Health resulted in research surveys being misdirected on October 25, 2023, resulting in the name of a patient being visible to another recipient of the survey. No other information was exposed. The error occurred due to an error in a spreadsheet that became misaligned during data sorting and resulted in the impermissible disclosure of the names of 4,961 patients.

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