HIPAA Breach News

Email Breach Affects 22,000 Ambulatory Surgery Center of Westchester Patients

The Mount Kisco Surgery Center, doing business as the Ambulatory Surgery Center of Westchester in New York, has recently notified 22,139 patients that some of their protected health information has been exposed and potentially stolen.

Suspicious activity was detected in an employee’s email account on November 3, 2023, and after securing the account, a forensic investigation was launched to determine the nature and scope of the activity. The investigation confirmed that the unauthorized third party had access to the account from October 23, 2023, to November 3, 2023, and that the account contained patient data.

A comprehensive review was then initiated to determine the individuals affected and the types of data involved. That process was completed on May 30, 2024, and then address information was verified. The affected individuals were notified by mail on June 26, 2024. The types of data involved varied from patient to patient and included names in combination with one or more of the following: Social Security number, driver’s license number, state identification number, date of birth, medical information, including diagnosis information, treatment information, and prescription information, and health insurance information, including claim information and health insurance number.

At the time of issuing notifications, no reports had been received to suggest there had been any misuse of patient data. Mount Kisco Surgery Center said it has enhanced network security to prevent similar breaches in the future.

Mobile Medical Response Warns Patients About PHI Breach

Mobile Medical Response, a Michigan-based provider of medical transportation and ambulance services, has announced that there has been an impermissible disclosure of patient information at one of its business associates. Mobile Medical Response contracted with CBM Services to provide collections services. CMB Services had issued a check to Mobile Medical Response, which an unauthorized individual attempted to cash.

When checks are issued to Mobile Medical Response by CMB Services, they are accompanied by a statement of accounts that includes the names of individuals to whom the payments relate. The statements include names, identify individuals as having received transportation services from Mobile Medical Response, and potentially include other information.

Mobile Medical Response has confirmed that addresses, dates of birth, Social Security numbers, driver’s license/state identification numbers, financial account information, payment card information, patient record information, medical diagnosis/condition information, medical treatment information, and health insurance information were not impermissibly disclosed.

Mobile Medical Response is currently investigating the incident to determine the full name, scope, and impact of the event. In the meantime, the breach has been reported as affecting 500 individuals. The total will be updated when the investigation has been completed.

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Insider Breaches Reported by Providence Mission Heritage Endocrinology & Samaritan Health Services

Providence Mission Heritage Endocrinology and Samaritan Health Services have identified unauthorized access to patient data by former employees.

Providence Mission Heritage Endocrinology

In May 2024, Providence Mission Heritage Endocrinology in Mission Viejo, CA, discovered an insider breach that involved unauthorized access to clinical records. Providence launched an investigation into the activity and confirmed that the unauthorized access had been ongoing for more than three years. The first instance occurred on December 15, 2020, and it continued until May 15, 2024. The nature of the access was not disclosed; however, Providence said there is an active investigation by the California Department of Insurance.

The review confirmed that only names, State IDs, driver’s license numbers, and health insurance coverage information were accessed. Social Security numbers were not accessed; however, as a precaution, credit monitoring and identity protection services have been offered to the affected individuals for 12 months at no cost. Cambria Haydon, Chief Privacy Officer, Providence has advised the affected patients to take advantage of those services.

The incident has been reported to the California Attorney General; however, it is not currently shown on the HHS’ Office for Civil Rights website, so it is currently unclear how many individuals have been affected.

Samaritan Health Services

Samaritan Health Services in Oregon has announced that a physician who worked at its Lebanon Community Hospital may have accessed the protected health information of patients without authorization. An investigation was launched in November 2023, when unauthorized access was suspected.

The investigation involved a review of access logs to patient records, interviews with patients and employees, and a written attestation from the physician. While many of the records accessed by the physician were for legitimate purposes, Samaritan was unable to verify the purpose of the physician’s record access for 1,296 individuals.

Samaritan is confident that if the medical records of those individuals were accessed, it was not for malicious purposes and there are no indications that any patient data will be misused; however, as a precaution, the affected individuals have been advised to monitor their account statements and credit reports closely and should immediately report any unusual activity to the appropriate financial institution.

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PHI Exposed in Cyberattacks on Gaia Software & Pinnacle Orthopaedics & Sports Medicine Specialists

Gaia Software has disclosed details of a February 2024 cyberattack, Pinnacle Orthopaedics & Sports Medicine Specialists are investigating an April 2024 cyberattack, and OB GYN Specialists of Lima have discovered the improper disposal of patient data.

Gaia Software

Gaia Software, a provider of electronic medical record and billing management software services to Americare Renal Center, has mailed notification letters to patients whose protected health information was compromised in a February 2024 cyberattack.

Gaia Software notified the HHS’ Office for Civil Rights about the breach on April 5, 2024, and confirmed in the breach report that the protected health information of 56,676 individuals had been compromised in the incident. The investigation into the incident concluded on April 19, 2024; however, details about the attack have only recently been made public.

According to the breach notification letters that were mailed on June 28, 2024, Gaia Software detected the cyberattack on or around February 5, 2024. The breach notification letters do not state whether ransomware was involved, only that the threat actor “attempted to infiltrate Gaia’s computer network and demand a ransom payment.”

Gaia Software said it has not detected any misuse of patient data but has confirmed that patient information was exposed and was potentially stolen in the attack. The types of data involved varied from individual to individual and may have included names, addresses, dates of birth, Social Security numbers, health insurance information, and/or health information.

Gaia Software said it is implementing additional safeguards and enhanced security measures to prevent similar incidents in the future and is reviewing information life cycle management. As a precaution against identity theft and fraud, the affected individuals have been offered complimentary single bureau credit monitoring/single bureau credit report/single bureau credit score services.

Pinnacle Orthopaedics & Sports Medicine Specialists

On June 21, 2024, Pinnacle Orthopaedics & Sports Medicine Specialists in Marietta, GA, announced that an unauthorized third party gained access to its computer network and potentially obtained patient data. The intrusion was detected on or around April 22, 2024, and steps were immediately taken to prevent further unauthorized access. Third-party cybersecurity experts were engaged to investigate to determine the nature and scope of the security breach.

On or around April 29, 2024, Pinnacle confirmed that the protected health information of fewer than 10 patients had been stolen. Those patients were notified but as the investigation continued it became clear that more patients had been affected. On or around June 7, 2024, Pinnacle determined that the protected health information of more than 500 patients had been exposed. Pinnacle is currently undertaking a detailed review of the exposed files and cannot confirm at this stage exactly how many patients have been affected. Those individuals will be notified when the investigation is completed.

Pinnacle said the types of information involved vary from individual to individual and may include names, dates of birth, medical/health information, treatment/diagnostic information, health insurance information, and/or billing/payment information. Pinnacle said it is implementing enhanced security measures to prevent similar incidents in the future.

OB GYN Specialists of Lima

OB GYN Specialists of Lima in Ohio have notified 1,100 patients that some of their personal and protected health information has been exposed in an improper disposal incident. The incident was detected on June 14, 2024, and attempts were made to retrieve the documents, but it was not possible to retrieve them all.

The documents related to visits to its office between June 5, 2024, and June 13, 2024, and included the demographic information that is printed when patients visit, which may have also included test results. Steps have since been taken to prevent similar incidents in the future.

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Email Breaches Reported by SkinCure Oncology & the Wisconsin Department of Health Services

SkinCure Oncology has notified 13,434 patients about an email attack that occurred in June 2023, and the Wisconsin Department of Health Services has announced a breach of the personal information of 19,150 Medicaid recipients.

SkinCure Oncology

SkinCure Oncology in Burr Ridge, IL, has issued individual notifications to 13,434 patients whose protected health information was compromised in an email breach that occurred more than a year ago. According to the substitute breach notice, the investigation confirmed that multiple email accounts were accessed by an unauthorized third party between June 23 and June 25, 2023.

A comprehensive review was conducted to identify the files in the email accounts, and on December 6, 2023, it was confirmed that protected health information was present in emails and email attachments. SkinCure Oncology believes files in those email accounts were viewed and potentially obtained in the attack. The exposed information varied from individual to individual and may have included names, birth dates, medical record numbers, medical histories, and health insurance information. A limited number of patients had their Social Security numbers, driver’s license numbers, financial account information, and/or credit card information exposed.

The delay in issuing individual notifications was due to the time it took for SkinCure Oncology and its practice partners to locate up-to-date address information. The substitute breach notice makes no mention of complimentary credit monitoring and identity theft protection services, only that patients should be vigilant against identity theft and fraud. Further information can be contained by calling SkinCure Oncology’s helpline – (866) 528-8844. The helpline is manned Monday to Friday from 8:00 a.m. to  5:30 p.m. Central Time.

Wisconsin Department of Health Services

Wisconsin Department of Health Services has reported a breach of the protected health information of up to 19,150 Medicaid recipients. The breach occurred at one of its partner organizations, Disability Rights Wisconsin, which discovered an unauthorized third party had gained access to an employee email account. It is unclear from the announcement when the breach occurred and when it was discovered.

Notification letters were sent to the affected individuals on June 21, 2024, and they were advised about the data that was exposed. Complimentary credit monitoring services have been offered to the affected individuals for 12 months and a helpline – 888-733-3814 – has been set up for individuals seeking further information. The helpline is manned Monday to Friday, from 8:00 a.m. to 8 p.m. Central Time.

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Texas Retina Associates Cyberattack Affects 312,000 Patients

A cyberattack on Texas Retina Associates has affected more than 312,000 patients, Human Technology Inc., has confirmed that patient data has been compromised in a cyberattack, and the Monti ransomware group has claimed responsibility for a cyberattack on Wayne Memorial Hospital.

Texas Retina Associates Cyberattack Affects 312,000 Patients

Texas Retina Associates, the largest ophthalmology practice in Texas, has announced that there has been unauthorized access to its internal systems and the potential theft of sensitive patient data. Suspicious network activity was identified on March 27, 2024, and third-party cybersecurity specialists were engaged to investigate the activity. They confirmed that an unauthorized actor gained access to its network on October 8, 2023, and maintained access until the breach was detected.

Texas Retina Associates said it is unaware of any misuse of patient data and is issuing notifications “out of an abundance of caution” as files have been exposed that contained patient data. The file review confirmed that the exposed data included first and last name, address, phone number, email address, birth date, gender, Social Security number, medical record number, clinical information, prescription information, medical information, health information, and health insurance information.

The breach has recently been reported to the HHS’ Office for Civil Rights as affecting up to 312,867 current and former patients. Texas Retina Associates has confirmed that its systems have been secured, additional cybersecurity safeguards have been implemented, cybersecurity policies and procedures have been enhanced, and additional cybersecurity training has been provided to its workforce. A helpline has been established for individuals to obtain further information about the breach (888-498-3901) The helpline is manned from 8 a.m. to 8 p.m. Central Time.  The substitute breach notice on the Texas Retina Associates website makes no mention of complimentary credit monitoring or identity protection services being offered.

Human Technology Inc.

The Jackson, TN-based prosthetics and orthotics company, Human Technology Inc., and its affiliates Greer Orthotics & Prosthetics, Murphy’s Orthopedic & Footcare, and Hi-Tech Prosthetics & Orthotics have been affected by a data security incident that was detected on March 15, 2024.

An internal investigation was launched to identify the source of anomalous network activity and a digital forensics firm was engaged to assist with the investigation. The investigation was completed on or around May 31, 2024, and confirmed that an unauthorized actor gained access to a computer system used by Human Technology and its affiliates and potentially viewed or obtained patient data. The exposed data included names, addresses, dates of birth, medical information, health insurance information, Social Security numbers, driver’s license numbers, passport numbers, payment card numbers/expiry dates, account numbers, routing numbers, and tax IDs.

Notification letters were mailed to the affected individuals on June 28, 2024, and complimentary credit monitoring and identity theft protection services have been offered to the affected individuals. Human Technology said it is unaware of any misuse of the affected data. To improve security and reduce the risk of similar incidents in the future, Human Technology has implemented additional safeguards, including EDR monitoring. A helpline has been established for individuals seeking further information on the breach ((866)-528-4805). The helpline is manned from 8.00 a.m. to 5.30 p.m. Central Time.

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

Ransomware Group Claims Responsibility for Attack on Wayne Memorial Hospital

The Monti ransomware group has claimed responsibility for a cyberattack on Wayne Memorial Hospital, an 11-bed non-profit hospital in Honesdale, PA. The hospital has yet to announce any cyberattack or data breach. The hospital has been added to the Monti group’s data leak site, but no data is currently listed for download. The group says it has given the hospital until July 8, 2024, to pay the ransom demand and will leak the stolen data if payment is not made.

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Continuum Health Alliance Data Breach Affects 377,000 Consensus Medical Group Patients

Marlton, NJ-based Continuum Health Alliance has recently confirmed that it has experienced a security incident that exposed the data of 377,119 patients of its client, Consensus Medical Group, a physician-owned medical group in Evesham, NJ. Continuum identified unauthorized activity within its network on October 19, 2023, and after taking steps to secure its systems, third-party cybersecurity specialists were engaged to identify the suspicious activity. The forensic investigation confirmed that an unauthorized third party had gained access to some of its systems between October 18 and October 19, and acquired certain files.

On February 16, 2024, Continuum announced on its website that it was investigating the incident while the investigation was ongoing. The file review was completed on March 8, 2024, when it was confirmed that the exposed data included patients’ names and Social Security numbers. Continuum then worked to verify the information and obtain up-to-date address information, and notification letters were mailed on April 29, 2024.

Continuum has implemented additional safeguards to prevent further security incidents and has provided additional training to its workforce. The affected individuals have been offered complimentary credit monitoring and identity theft protection services for 12 months.

Guardant Health Discovers Online Exposure of Patient Data

Guardant Health, a medical laboratory in Redwood City, CA, that performs cancer screening tests on samples provided by physicians and hospitals, has recently notified patients of some of its clients that their protected health information has been exposed online. Guardant Health did not state in its notification letters when it discovered the data exposure, only that an employee inadvertently uploaded a file containing patient data to an online platform in October 2020. Guardant Health immediately removed the file when the error was discovered, and on March 4, 2024, it was confirmed that unidentified third parties downloaded the file between September 8, 2023, and February 28, 2024.

The protected health information in the file varied from patient to patient and included some or all of the following: name, age, medical record and identification numbers, and medical information such as treatment information, dates of treatment, and test results. No financial information or Social Security numbers were present in the file. Guardant Health said it has enhanced its technical controls and has provided further employee training to prevent similar incidents in the future. The breach has been reported to regulators but is not yet shown on the HHS’ Office for Civil Rights breach portal, so it is currently unclear how many individuals have been affected.

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BioPlus Specialty Pharmacy Services Proposes Settlement to Resolve Data Breach Lawsuit

BioPlus Specialty Pharmacy Services has proposed a settlement to resolve a class action lawsuit that was filed in response to a 2021 data breach that exposed the data of up to 350,000 patients. Hackers gained access to the BioPlus network for more than 2 weeks between October and November 2021, and potentially stole names, dates of birth, contact information, health insurance information, prescription information, and Social Security numbers. The Florida specialty pharmacy chain notified the affected individuals within a month and offered them complimentary credit monitoring services.

A lawsuit was filed over the data breach alleging BioPlus should have prevented the breach and could have if reasonable cybersecurity measures had been implemented and industry-standard security best practices had been followed. BioPlus disagreed with the allegations; however, a settlement has been proposed to bring the legal action to an end. BioPlus has not admitted liability or any wrongdoing related to the cyberattack and data breach.

Under the terms of the proposed settlement, class members may submit claims of up to $7,550 and will be reimbursed for out-of-pocket expenses incurred as a result of the data breach. The maximum claim permitted depends on whether Social Security numbers were compromised. If they were, class members can claim a cash payment of $50 and can claim up to $7,500 for documented expenses incurred as a result of the data breach, including 3 hours of lost time at $25 per hour, and any unreimbursed losses to identity theft and fraud.

Class members whose Social Security numbers were not breached cannot claim a cash payment and claims will be limited to a maximum of $750, including 2 hours of lost time at $25 per hour. Any individual who wishes to object to or be excluded from the settlement must do so by June 18, 2024, and all claims must be submitted by the same date. The settlement has received preliminary approval from the court and the final settlement hearing is scheduled for August 22, 2024. The plaintiff and class were represented by attorneys at Morgan & Morgan and Markovits, Stock, & DeMarco LLC.

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Federal Judge Tosses CommonSpirit Health Data Breach Lawsuit Due to Lack of Standing

A federal court judge has recommended a class action lawsuit against CommonSpririt Health over its 2022 data breach should be dismissed due to the failure of the plaintiff to demonstrate that they had been harmed by the data breach.

CommonSpirit Health suffered a ransomware attack on October 2, 2022, that affected more than 100 CommonSpirit Health facilities across the United States. A threat actor gained access to its systems on September 16, 2022, and had access to those systems until October 3, 2022. The forensic investigation and document review confirmed that the protected health information of more than 623,000 patients had been exposed. The exposed data included full names, addresses, healthcare providers, medical record numbers, treatment/prescription information, dates of medical services, other health insurance information, and patient’s facility/account numbers.

Multiple class action lawsuits were filed against CommonSpririt Health over the cyberattack and data breach which made similar claims. The lawsuits alleged CommonSpirit Health was negligent due to the failure to implement reasonable and appropriate safeguards to ensure the privacy of the protected health information it held and delayed issuing breach notifications, which were not sent until April 5, 2023.

One of those lawsuits, Bonnie Maser v. CommonSpirit Health, alleged that the plaintiff suffered injuries as a result of the breach, including more than $3,000 in bank account fraud that led to the closure of her account. As a result of the fraud, the plaintiff could not afford to pay her rent, lost her housing, her credit score dropped 60 points, and she claimed to continue to suffer harm, including panic attacks caused by the stress of the data breach. Maser’s lawsuit alleged negligence, breach of implied contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment.

CommonSpirit Health argued that the plaintiff failed to allege a concrete or imminent harm to support Article III standing, failed to adequately allege the minimum amount in controversy under the Class Action Fairness Act, and failed to state a claim upon which relief could be granted. U.S. Magistrate Judge Suan Prose recommended that the lawsuit be dismissed due to a lack of Article III standing, as the plaintiff failed to demonstrate that the fraudulent charges were fairly traceable to the data breach.

This was the second such lawsuit against CommonSpirit Health to be tossed due to a lack of standing.  Two lawsuits against CommonSpirit Health that were filed in Illinois and were consolidated into a single lawsuit – Jose Antonio Koch individually and on behalf of his two minor children, and another by Leeroy Perkins – was also dismissed due to a lack of standing by District Court Judge Harry D. Leineweber.

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Almost 500,000 Individuals Affected by Designed Receivable Solutions Data Breach

The Cypress, CA-based revenue cycle management company, Designed Receivable Solutions (DRS), has recently confirmed the details of a data breach that was reported to the HHS’ Office for Civil Rights on March 23, 2024, as involving the protected health information of 129,584 individuals, and the Maine Attorney General as affecting 498,686 individuals.

On January 22, 2024, DRS identified suspicious activity within its network. Third-party cybersecurity specialists were engaged to investigate the incident and determine the cause of the activity. The investigation confirmed that an unauthorized actor accessed its systems and viewed and exfiltrated files from its systems. On March 8, 2024, after a time-consuming and detailed review of the files, DRS confirmed that they contained the personal and protected health information of current and former patients of its healthcare clients.

Following that determination, DRS has been working with the affected clients to review and verify the affected information and obtain up-to-date contact information to allow notification letters to be issued.  DRS said the types of data involved varied from individual to individual and may have included names, addresses, dates of birth, health insurance information, dates of service, and Social Security numbers. DRS has reviewed its policies and procedures related to data privacy and is taking steps to reduce the risk of a similar incident in the future and has offered the affected individuals complimentary credit monitoring services.

As OCR recently confirmed in a website Q&A regarding breach notification letters, HIPAA-covered entities are ultimately responsible for ensuring notification letters are sent to the affected individuals when there is a data breach at a business associate, but the covered entity may delegate the responsibility of providing individual notices to the business associate.

DRS is issuing notification letters on behalf of the following covered entity clients:

  • Air Methods
  • AMG Healthcare Management Services
  • CAN Emergency Physicians
  • Cedars-Sinai Medical Center
  • CHA Hollywood Presbyterian Medical Center, L.P.
  • Core Orthopaedics Medical Center
  • GEM Physicians Group
  • Marshall Medical Center
  • OptumCare Management, LLC
  • Redlands Community Hospital
  • Ridgecrest Regional Hospital
  • South Coast ER Medical Group
  • Southland Medical Corporation
  • Springhill Emergency Physicians
  • Sycamore Physicians, LLC
  • USC Arcadia Hospital (formerly Methodist Hospital of Southern California)
  • Valkyrie Clinical Trials, Inc.

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