HIPAA Breach News

Confluence Health Informs Patients of Phishing Incident

Confluence Health, a not-for-profit health system that operates Central Washington Hospital, Wenatchee Valley Hospital and a dozen satellite clinics in Central and North Central Washington, has experienced a data security incident involving an employee’s email account that may have resulted in unauthorized accessing of patients’ protected health information.

The security breach was discovered on May 29, 2018. A digital forensics firm was called in to conduct an investigation, which revealed the email account had been accessed by an unauthorized individual on May 28 and May 30, 2018.

The email account only contained a limited amount of protected health information and no highly sensitive data such as Social Security numbers or financial information was exposed. Patients impacted by the incident have had information such as their names and treatment information exposed.

Confluence Health had multiple security solutions in place to prevent unauthorized account access and staff had received security awareness training, yet those measures were bypassed by the attacker.

While PHI access was possible, the investigation uncovered no evidence to suggest that PHI had been stolen and no reports have been received by Confluence Health to suggest there has been any misuse of PHI.

Patients affected by the breach have been notified by mail and additional safeguards have now been implemented to improve the security of its email system and ensure that any suspicious email and network activity is detected more rapidly in the future.

The breach had been reported to the Department of Health and Human Services Office for Civil Rights, although the number of patients impacted by the incident has not yet been publicly disclosed.

The incident is the latest in a spate of phishing attacks on healthcare organizations. In the past two months, phishing incidents have been reported by Sunspire Health in New Jersey, The Alive Hospice in Tennessee, the Terteling Co., Inc., Group Benefit Plan in Idaho, and Boys Town National Research Hospital. The latter incident was the eighth largest breach of 2018 and the largest breach at a pediatric hospital. The incident impacted more than 105,300 patients.

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Lane County Health and Human Services and New England Dermatology Alert Patients to PHI Exposure

The medical records of more than 17,000 patients have been exposed in two recent incidents in Oregon and Massachusetts.

Lane County Health and Human Services Alerts Patients to Loss of PHI

Lane County Health and Human Services in Oregon is notifying more than 700 patients that some of their protected health information has been lost and has potentially been destroyed.

49 boxes containing patient files were moved to a temporary storage facility while the Charnelton Clinic in Eugene was being renovated. During a routine search, the boxes of files were discovered to be missing from the storage facility on June 19.

Multiple teams conducted further searches for the missing boxes but they could not be located. Lane County Health and Human Services suspects the boxes of files have been destroyed along with other paperwork as part of its normal document management practice for non-medical records. However, it has not been possible to confirm whether that was definitely the case.

The files contained information such as patients’ full names, addresses, telephone numbers, medical histories and Social Security numbers. 566 files related to patients of Community Health Centers in Lane County, and 149 files were Lane County Developmental Disabilities client files.

Patients have been notified about the breach and an offer has been made to reimburse patients for 6 months’ membership of an accredited credit monitoring service. Lane County Health and Human Services has reviewed its record storage policies and procedures and has now obtained specialized, secure medical records storage services to ensure that similar breaches are prevented in the future.

16,154 Patients of New England Dermatology Informed of Possible Exposure of PHI

16,154 patients of New England Dermatology have been informed that some of their PHI may have been disposed of incorrectly.

Boxes of paper records were disposed of without the records first being rendered unreadable and undecipherable, as is required by HIPAA. Normally, paper records containing patients’ protected health information are shredded prior to disposal. In this case, New England Dermatology believes that the records were collected by its waste contractor before they were shredded.

New England Dermatology was not able to determine exactly what records were disposed of insecurely, so as a precaution, all patients who had visited its Northampton office between June 10, 2013 and May 23, 2018 have been notified about the potential exposure of their PHI.

The paperwork contained information such as names, mailing addresses, and health information recorded during visits to the office. Highly sensitive information such as bank account details, credit and debit card information, medical insurance details, and Social Security numbers were not exposed at any point.

New England Dermatology has since updated its waste disposal policies to prevent similar incidents from occurring in the future and further training has been provided to employees and its contractors.

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Flowers Hospital Proposes $150,000 Settlement for 2014 Data Breach

A class action lawsuit filed in the wake of an employee-related data breach at Flowers Hospital in Dothan, Alabama in 2014 is heading towards being settled. The settlement has yet to receive final court approval, although approval seems likely and a resolution to this four-year legal battle is now in sight.

In contrast to most class action lawsuits filed over the exposure/theft of PHI, this case involved the theft of data by an insider rather than a hacker. Further, the former employee used PHI for identity theft and fraud and was convicted of those crimes.

The breach in question involved a former lab technician, Kamarian D. Millender, who was found in possession of paper records containing patients protected health information. Millender admitted to using the information for identity theft and for filing false tax returns in victims’ names. In December 2014, Millender was sentenced to serve two years in jail.

In the class action lawsuit, filed the same year, it was claimed that between June 2013 and December 2014, paper records were left unprotected and unguarded at the hospital and could have been taken by employees or third parties. In the case of Millender, that is exactly what happened.

Flowers Hospital attempted to have the lawsuit dismissed, although that attempt failed and the lawsuit was awarded class action status in 2017. The decision has now been taken to settle the case. The hospital has offered a fund of up to $150,000 to cover out-of-pocket expenses incurred by the 1,208 victims of the breach. The settlement would provide each class member with up to $250 each, although claims up to a total value of $5,000 would be considered.

In order to be eligible to receive the compensation, class members would need to submit valid claims. A valid claim would require a breach victim to prove that they purchased credit monitoring or identity theft protection services in response to being notified about the breach.

Additionally, breach victims would be allowed to claim money for the time they spent arranging those services – up to four hours of documented lost time – the cost of obtaining credit reports, and any un-reimbursed interest as a result of a delayed tax refund as a result of there being a fraudulent tax return filed between June 2013 and the claims deadline. The settlement does not include any punitive damages.

In the event that valid claims are received, and the total claims amount exceeds the allocated $150,000, all claims would be reduced, pro rata, so that the total claims value would not exceed $150,000.

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Flowers Hospital Proposes $150,000 Settlement for 2014 Data Breach

A class action lawsuit filed in the wake of an employee-related data breach at Flowers Hospital in Dothan, Alabama in 2014 is heading towards being settled. The settlement has yet to receive final court approval, although approval seems likely and a resolution to this four-year legal battle is now in sight.

In contrast to most class action lawsuits filed over the exposure/theft of PHI, this case involved the theft of data by an insider rather than a hacker. Further, the former employee used PHI for identity theft and fraud and was convicted of those crimes.

The breach in question involved a former lab technician, Kamarian D. Millender, who was found in possession of paper records containing patients protected health information. Millender admitted to using the information for identity theft and for filing false tax returns in victims’ names. In December 2014, Millender was sentenced to serve two years in jail.

In the class action lawsuit, filed the same year, it was claimed that between June 2013 and December 2014, paper records were left unprotected and unguarded at the hospital and could have been taken by employees or third parties. In the case of Millender, that is exactly what happened.

Flowers Hospital attempted to have the lawsuit dismissed, although that attempt failed and the lawsuit was awarded class action status in 2017. The decision has now been taken to settle the case. The hospital has offered a fund of up to $150,000 to cover out-of-pocket expenses incurred by the 1,208 victims of the breach. The settlement would provide each class member with up to $250 each, although claims up to a total value of $5,000 would be considered.

In order to be eligible to receive the compensation, class members would need to submit valid claims. A valid claim would require a breach victim to prove that they purchased credit monitoring or identity theft protection services in response to being notified about the breach.

Additionally, breach victims would be allowed to claim money for the time they spent arranging those services – up to four hours of documented lost time – the cost of obtaining credit reports, and any un-reimbursed interest as a result of a delayed tax refund as a result of there being a fraudulent tax return filed between June 2013 and the claims deadline. The settlement does not include any punitive damages.

In the event that valid claims are received, and the total claims amount exceeds the allocated $150,000, all claims would be reduced, pro rata, so that the total claims value would not exceed $150,000.

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Blue Springs Family Care Ransomware Attack Impacts 45,000 Patients

Blue Springs Family Care in Missouri has experienced a ransomware attack that has resulted in the encryption of sensitive data.

The attack was detected by the healthcare provider’s computer vendor on May 12, 2018.  An investigation was launched the same day by the computer vendor with assistance provided by a contracted third-party computer forensics firm.

In contrast to many ransomware attacks which involve a single ransomware variant being downloaded and blind file encryption, the attacker managed to gain access to Blue Springs Family Care systems and installed a variety of malicious software programs in addition to the ransomware.

Those malware programs would have given the attacker full access to all Blue Springs Family Care computer systems, including access to all patients protected health information. At the time of issuing notifications to patients, Blue Springs Family Care had not received any reports to suggest that any PHI was stolen and misused by the attacker. However, data access and data theft could not be ruled out.

The types of information potentially accessed included full names, home addresses, dates of birth, Social Security numbers, account numbers, driver’s license numbers, disability codes, and diagnoses.

The computer forensics firm was able to quarantine the entire system and prevent any further unauthorized data access. New software has now been installed which monitors for unauthorized access, and a new intrusion prevention system has also been implemented, which includes a new firewall.

Additionally, Blue Springs Family Care is changing over to a new electronic medical record system that encrypts all data at rest to ensure PHI cannot be accessed in the event that another data breach is experienced.

The breach report submitted to the Department of Health and Human Services’ Office for Civil Rights indicates 44,979 patients were affected by the breach.

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Boys Town National Research Hospital and NorthStar Anesthesia Discover PHI Compromised in Phishing Attacks

The phishing attacks on healthcare organizations continue… The past few days have seen two further healthcare organizations announce that email accounts were breached when employees responded to phishing emails.

Email Account Compromised at Boys Town National Research Hospital

Boys Town National Research Hospital (Boys Town), an Omaha, NE hospital specializing in pediatric deafness, visual and communication disorders, has announced that a recent phishing campaign has resulted in the email account of an employee being accessed by an unauthorized individual.

Boys Town first became aware of a security breach on May 23, 2018 when unusual email account activity was detected. Computer forensics experts were called in to investigate and a breach was confirmed to have occurred on May 23.

Boys Town painstakingly examined the account email-by-email to determine which patients potentially had their PHI exposed and the amount of PHI that was potentially compromised.

The breach was confirmed as being confined to a single email account, which contained sensitive information of current and former patients and employees.

The information in the email accounts varied by individual, but may have included names, dates of birth, Social Security numbers, driver’s license numbers, employer ID numbers, health insurance information, disability codes, birth certificate information, marriage certificate information, passport information, banking and other financial information, medical record numbers, usernames and passwords, Medicare/Medicaid ID numbers, diagnosis and treatment information, and billing/claims information.

No evidence of data exfiltration was uncovered, although it is possible that PHI was accessed and potentially obtained. Individuals impacted by the incident have been offered complimentary identity theft protection services for 12 months. A review of policies and procedures is being conducted and additional safeguards will be implemented to help prevent further phishing attacks.

NorthStar Anesthesia Discovers Multiple Email Accounts Accessed by Unauthorized Individuals

An email phishing campaign targeting Irving, TX-based NorthStar Anesthesia, a provider of outsourced anesthesia services, was conducted between April 3 and May 24, 2018. The phishing campaign was identified on May 23, 2018 with access to all compromised account blocked on May 24, 2018.

Third-party forensic investigators were called in to assist with the investigation and determine the extent of the attack and whether emails containing patients’ protected health information were accessed. The investigators determined that the compromised email accounts contained a range of protected health information which included names, health insurance application or claims information, birth dates, health insurance policy/subscriber numbers, taxpayer ID numbers, IRS identity protection numbers, medical histories, diagnosis and treatment information, medical record numbers, and for a limited number of individuals, Social Security numbers.

NorthStar Anesthesia is implementing additional safeguards to prevent further phishing attacks and affected individuals have been offered complimentary credit monitoring and identity restoration services for two years.

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Golden Heart Administrative Professionals Ransomware Attack Impacts 44,600 Patients

Golden Heart Administrative Professionals, a Fairbanks, AK-based billing company and business associate of several healthcare providers in Alaska, is notifying 44,600 individuals that some of their protected health information has potentially been accessed by unauthorized individuals as a result of a recent ransomware attack.

The ransomware was downloaded to a server containing the PHI of patients. According to a press release issued by the company, “All client patient information must assume to be compromised.”

Local and federal law enforcement agencies have been notified about the cyberattack and efforts are continuing to recover files.

The Golden Heart Administrative Professionals ransomware attack is the largest data breach reported by a healthcare organization in July, and the second major data breach to be reported by an Alaska-based healthcare organization in July.

In early July, the Alaska Department of Health and Social Services announced that it had suffered a data breach as a result of a malware infection. The Zeus/Zbot Trojan – an information stealer – had been downloaded which potentially allowed the attackers to gain access to the protected health information of ‘more than 500’ individuals.

Recent reports suggest ransomware attacks are declining, with many cybercriminal gangs switching operations to cryptocurrency mining; however, there does not appear to be any let up in ransomware attacks on healthcare organizations.

Last week, LabCorp, the national network of clinical testing laboratories, experienced a SamSam ransomware attack. The attack was detected within 50 minutes and systems were shut down to prevent widespread file encryption. The ransomware was downloaded following a brute force remote desktop protocol (RDP) attack. It is not currently known how many patients have been impacted by the attack, although some reports suggest millions of patients’ PHI may have been compromised.

On Monday, July 9, Cass Regional Medical Center in Harrisonville, MO, experienced a ransomware attack that resulted in its communications system and electronic medical record system being taken out of action. The medical center took the decision to redirect ambulances for stroke and trauma victims to alternate healthcare facilities. As with the LabCorp attack, the ransomware was downloaded to the server following a brute force RDP attack. The electronic medical record systems remained offline for 10 days as a result of the attack.

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New York Physician Notifies Patients of Exposure of their PHI

A New York physician has started notifying patients that their protected health information has been exposed and has been potentially accessed unauthorized individuals.

Ruben U. Carvajal, MD was alerted to a possible privacy breach on January 3, 2018 and was informed that some of his patients’ health information was accessible over the Internet. An investigation into the possible privacy breach was launched and the matter was reported to the New York Police Department and the Federal Bureau of Investigation (FBI).

FBI investigators visited his office and examined his computer. On February 18, 2018, the FBI confirmed that the EMR program on his computer had been accessed by an unauthorized individual. A forensic investigator was called in to conduct a thorough investigation to determine the nature and scope of the breach.

On May 22, 2018 the forensic investigator determined that the physician’s computer had been accessed by an unauthorized individual between December 16, 2017 and January 3, 2018.

Any individual that gained access to the physicians’ computer could have gained access to the EMR system, although the forensic investigation did not confirm whether the program was accessed, although based on the findings of the FBI it can be assumed that this was the case.

The types of information that were potentially viewed and/or copied included names, addresses, birthdates, medical histories, diagnoses, treatment information, lab test results, medications, health insurance details, and claims information. Patients that receive Medicare also had their Medicare ID numbers and Social Security numbers exposed.

Dr. Carvajal started notifying patients about the breach on July 17, 2018 and patients have been offered complimentary credit monitoring and identity theft protection services. Steps have now been taken to improve security to prevent similar breaches from occurring in the future.

The incident has yet to appear on the Department of Health and Human Services’ Office for Civil Rights breach portal so it is currently unclear how many patients have been impacted by the data breach.

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Investigation Launched Over Snapchat Photo Sharing at M.M. Ewing Continuing Care Center

Employees of a Canandaigua, NY nursing home have been using their smartphones to take and share images and videos of at least one resident and share the content with others via Snapchat – a violation of HIPAA and a serious violation of patient privacy.

The privacy breaches occurred at Thompson Health’s M.M. Ewing Continuing Care Center and involved multiple employees. Thompson Health has already taken action and has fired several workers over the violations. Now the New York Department of Health and the state attorney general’s office have got involved and are conducting investigations.

The state attorney general’s Deputy Press Secretary, Rachel Shippee confirmed to the Daily Messenger that an investigation has been launched, confirming “The Medicaid Fraud Control Unit’s mission includes the protection of nursing home residents from abuse, neglect and mistreatment, including acts that violate a resident’s rights to dignity and privacy.”

Thompson Health does not believe the images/videos were shared publicly and sharing was restricted to a group of employees at the care center. Thompson Health is contacting the families of the residents impacted by the breach to offer an apology.

This is not the first time that Thomson Health has discovered an employee had taken pictures and videos without people’s knowledge. In January, a camera was discovered in a unisex bathroom at Thompson Hospital. When the camera was taken down it was discovered that the memory card had been removed. The matter was reported to law enforcement although the employee responsible has not been identified.

M.M. Ewing Continuing Care Center is far from the only nursing home to discover that residents have been photographed and videoed without consent with videos and images shared on social media networks.

An investigation into the sharing of images of abuse of nursing home residents was launched by ProPublica in 2015. The investigation revealed the practice was commonplace, with several nursing home employees discovered to have performed similar acts. The investigation revealed there had been 22 cases of photo sharing on Snapchat and other social media platforms and 35 cases in total since 2012.

More recently, a nursing assistant at the Parkside Manor assisted-living facility in Kenosha, WI., was discovered to have taken photos of an Alzheimer’s patient and posted the images of SnapChat. When the violation was discovered, the nursing assistant was fired for the HIPAA breach.

The high number of cases involving these types of HIPAA violations prompted the CMS to take action in 2016. The CMS sent a memo to state health departments reminding them of their responsibilities to ensure nursing home residents were not subjected to any form of abuse, including mental abuse such as the taking of demeaning and degrading photos and videos and having the multimedia content shared on social media networks.

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