HIPAA Breach News

Almost 10,000 Individuals Notified of Improper PHI Disposal Incident by ShopRite

A ShopRite pharmacy in Millville, New Jersey has discovered an electronic device used to capture the signatures of customers has been disposed of without first wiping the device of all stored protected health information.

A limited amount of protected health information was stored on the device, which included patients’ names, dates of birth, phone numbers, zip codes, prescription numbers, medication names, signatures, date and time of collection/delivery, and in some cases, details of over-the-counter medications containing pseudoephedrine (PSE).

The device was used by customers to acknowledge the store’s privacy policy and payment for prescriptions by insurance carriers. Information was also collected on sales of products containing PSE to meet legal requirements.

Individuals affected by the incident had collected prescriptions or purchased PSE products between 2007 and 2013. The device was disposed of in June 2016.

The improper disposal of the device is not understood to have resulted in PHI being compromised and no reports of PHI access or misuse have been received by ShopRite, Union Lake Supermarket, or Wakefern Food Corp.

Individuals whose PHI has been exposed have been notified by mail and advised of the steps they can take to reduce the risk of PHI misuse, such as checking their financial accounts closely and monitoring Explanation of Benefits statements for signs of misuse of their insurance information.

ShopRite has responded to the incident by updating and strengthening its policies and procedures regarding removal of PHI from computers and other electronic devices and the safe and secure disposal of electronic equipment. Pharmacy staff have also been retrained on privacy and security.

The breach report submitted to the HHS’ Office for Civil Rights indicates 9,956 individuals have been impacted by the incident.

HIPAA Rules require all electronic data to be permanently erased from electronic devices prior to disposal. All PHI must be rendered essentially unreadable and indecipherable, and a method should be used to erase data that prevents the information from being reconstructed.

In the case of ePHI this can be achieved through secure clearing and overwriting of data, purging by degaussing or exposing the device to strong magnetic fields, or destroying the device through burning, pulverization, melting, or incineration.

The post Almost 10,000 Individuals Notified of Improper PHI Disposal Incident by ShopRite appeared first on HIPAA Journal.

QuadMed Discovers PHI of More than 5,300 Patients Was Impermissibly Disclosed to Employees

QuadMed, a Wisconsin-based provider of medical, laboratory, pharmacy, fitness, and physical therapy services, has discovered the protected health information of 5,305 patients has potentially been impermissibly disclosed to certain employees.

In November 2013, QuadMed took over an onsite clinic at Hillenbrand Inc. Occupational health information of employees of the Batesville, IN-based manufacturer was maintained in an electronic medical record system and access to the system was shared with QuadMed.

Certain QuadMed employees required access to the data for the administration of occupational health matters. Take overs of clinics at WI-based Stoughton Trailers and Whirlpool Corporation’s Clyde, OH plant also saw occupational health-related information in EMRs shared with the firm and made accessible to some of its employees.

On December 26, 2017, QuadMed discovered a technical issue affected the PHI stored in the EMRs used at the Hillenbrand and Stoughton Trailers clinics which allowed its employees to access more than the minimum necessary amount of PHI than was permissible. Employees had access to more information than was necessary since May 9, 2016.

A similar breach affected the Whirlpool clinic, which QuadMed took over in January 2017. In that case, the EMR system should have had additional administrative and technical controls applied that would enable QuadMed to protect the privacy of health information; however, the controls had not been fully implemented. QuadMed discovered the potential issue in February 2017 prompting an investigation, although it took until October 2017 for QuadMed to be given the level of system access necessary to investigate this issue.

At all three locations, the types of protected health information that could potentially have been accessed included patients’ names, onsite clinic service dates, test and evaluation results, diagnoses, medical histories, information on examinations and physicals, vaccinations, travel medicine prescriptions, and workers’ compensation data.

QuadMed reports that the technical issue has now been corrected and new controls have been implemented to ensure protected health information remains confidential and can only be accessed by authorized individuals. Additional staff training has also been provided on the requirements of HIPAA with respect to protecting health information.

All individuals whose PHI was potentially accessed without authorization have now been notified of the privacy breach by mail. The unauthorized access/disclosures have been reported to the Department of Health and Human Services’ Office for Civil Rights as two separate breaches impacting 2,471 and 2,834 individuals.

The post QuadMed Discovers PHI of More than 5,300 Patients Was Impermissibly Disclosed to Employees appeared first on HIPAA Journal.

PHI of 33,420 BJC Healthcare Patients Exposed on Internet for 8 Months

The protected health information of 33,420 patients of BJC Healthcare has been accessible on the Internet for eight months without any need for authentication to view the information.

BJC Healthcare is one of the largest not-for profit healthcare systems in the United States. The St. Louis-based healthcare organization runs two nationally recognized hospitals in Missouri – Barnes-Jewish Hospital and St. Louis Children’s Hospital along with 13 others. The health system employs more than 31,000 individuals, has over 154,000 hospital admissions and performs more than 175,000 home health visits a year.

On January 23, 2018, BJC Healthcare performed a security scan which revealed one of its servers had been misconfigured which allowed sensitive information to be accessed without authentication. Action was immediately taken to reconfigure and secure the server to prevent data from being accessed.

The investigation revealed an error had been made configuring the server on May 9, 2017, leaving documents and copies of identification documents accessible. Highly sensitive information such as Social Security numbers, insurance cards, and driver’s license numbers were exposed along with patients’ names, addresses, contact telephone numbers, dates of birth, and treatment related information.

The scanned documents stored on the server contained information collected from patients between 2003 and 2009. Patients who visited BJC Healthcare facilities after 2009 were not impacted by the breach.

The investigation did not uncover evidence to suggest any of the documents were accessed by unauthorized individuals, although data access could not be ruled out with a high degree of certainty. Therefore, out of an abundance of caution, all patients whose protected health information was exposed have been offered identity theft protection services without charge for 12 months.

The security incident has prompted BJC Healthcare to review its information system policies and processes, which have been updated to prevent any further incidents of this nature from occurring.

The post PHI of 33,420 BJC Healthcare Patients Exposed on Internet for 8 Months appeared first on HIPAA Journal.

HIMSS Survey Reveals Top Healthcare Security Threats

HIMSS has published the results of its annual healthcare cybersecurity survey, which provides insights into the state of cybersecurity in healthcare and identified the top healthcare security threats.

The HIMSS 2018 cybersecurity survey was conducted on 239 respondents from the healthcare industry between December 2017 and January 2018. The results of the survey were announced at the HIMSS 2018 Conference & Exhibition in Las Vegas.

36.8% of respondents had positions in executive management and 37.2% were employed in non-executive management positions. The remaining 25.9% were in non-management positions such as cybersecurity specialists and analysts. 41.2% of respondents were primarily responsible for cybersecurity, 32.6% had some responsibility, and 11.8% sometimes had responsibility for cybersecurity.

Most Healthcare Organizations Have Experienced a Significant Security Incident in the Past 12 Months

The threat of healthcare cyberattacks is greater than ever and the past 12 months has been a torrid year. In the past 12 months, 75.7% of respondents said they had experienced a recent significant security incident. 96% of those respondents were able to characterize the threat actor responsible, with the top three being online scam artists such as phishers (37.6%), negligent insiders (20.8%), and hackers (20.1%).

61.4% of respondents said email was the main initial point of compromise. In second place was ‘other’ which included compromised customer networks, web application attacks, guessed passwords, misconfigured software/cloud services, and human error. In joint third – both with 3.2% of responses – was a compromised organizational website and hardware/software pre-loaded with malware.  11.6% said they did not know how the attackers gained access to their networks/data.

In the majority of cases (68.2%), incidents were discovered internally (40.7% by security teams / 27.5% by non-security personnel). 67.7% of breaches were detected within 7 days, with 47.1% detected within 24 hours.

Healthcare Cybersecurity Is Improving

The past 12 months have seen an increase in healthcare security incidents, although the severity of data breaches has reduced year over year. This indicates cybersecurity in healthcare is improving, which was backed up by the HIMSS survey results.

84.3% of respondents said more resources are now being used to address cybersecurity with only 3.3% saying resources have decreased year over year.  60% of respondents said their organization now employs a senior information security leader.

55.8% of respondents said a dedicated or defined amount of the current budget is allocated for cybersecurity. 26.5% of respondents said there was no specific carve out for cybersecurity but money was being spent as needed or could be requested. Only 2.8% said no money is spent on cybersecurity.

HIPAA requires healthcare organizations to conduct regular risk assessments to identify potential threats to the confidentiality, integrity, and availability of protected health information. The survey revealed healthcare organizations are being proactive and are conducting risk assessments and using the results to direct their cybersecurity efforts.

45.5% said they are performing security risk assessments annually, 5.6% were conducting risk assessments every 6 months, 9% performed risk assessments once a month, and 9.6% said they performed risk assessments daily. Alarmingly, 5.1% said they do not perform risk assessments and 4.5% conducted risk assessments less frequently than once a year.

Actions Directed by Risk Assessments

Source: HIMSS

Plenty of Room for Improvement

While cybersecurity is improving, there are still multiple areas where improvements can and should be made and too little is being done to deal with the main healthcare security threats. The recent HIPAA compliance audits and penalties for HIPAA violations have prompted many healthcare organizations to concentrate on HIPAA compliance, which has been a greater priority than security.

HIMSS says compared to other industry sectors, healthcare cybersecurity programs lack maturity and that typically cybersecurity programs have only been running for five or fewer years. HIMSS suggests that even with the healthcare industry being heavily targeted by cybercriminals, “many cybersecurity professionals are still getting used to the idea that there are bad actors out there that are directly or indirectly targeting healthcare organizations.”

The main barriers for remediating and mitigating cyberattacks were a lack of appropriate personnel (52.4%) and a lack of financial resources (46.6%). Other barriers were too many application vulnerabilities (28.6%), too many endpoints (27.5%), too many new and emerging threats (27%) not enough cyber security intelligence (23.3%) and a network infrastructure that was too complex to secure (20.6%).

13.3% said they had no cybersecurity staff and 43.2% said their ratio of cybersecurity staff to IT users was greater than 1:500.

The majority of organizations are spending 6% or less of their IT budgets on cybersecurity, 16.9% of organizations had not adopted a cybersecurity framework, and 37.1% of organizations only conducted penetration tests annually. Even though the threat from within is significant, 24.2% of healthcare organizations did not have an insider threat management program and 27% said they had such a program but it was informal.

Phishing and email attacks are major concerns and are behind the majority of healthcare security breaches and OCR has also made it clear that phishing and security awareness training should be an ongoing process, yet 51.8% of healthcare organizations are still only conducting security awareness training annually. Only 32.9% said they test their employees phishing awareness with phishing simulations.

Top Healthcare Security Threats

There are many healthcare security threats, although some are perceived to pose more of a threat than others. There was little to choose between the three main threats to network and data security. Data breaches and data leakage were ranked as top healthcare security threats by 11.8% of respondents, ransomware was in second place rated as a top cybersecurity threat by 11.3% of respondents, with credential stealing malware in third place on 11%. Malicious insiders were seen as a major threat by 10.1% of respondents and wiper malware was rated as a serious threat by 10% of respodents.

When asked about future cybersecurity priorities the top areas were incident response (11.9%), risk assessment and management (11.9%), business continuity and disaster recovery (11.8%), awareness training programs (11.6%), cloud security (11.2%), website security (10.8%), physical security (10.7%), and information sharing (10.4%).

The full results of the HIMSS 2018 Cybersecurity survey can be viewed here.

The post HIMSS Survey Reveals Top Healthcare Security Threats appeared first on HIPAA Journal.

Alabama Data Breach Notification Act Passed by State Senate

The Alabama Data Breach Notification Act (Senate Bill 318) has advanced for consideration by the House of Representatives after being unanimously passed by the Alabama Senate last week.

Alabama is one of two states that has yet to introduce legislation that requires companies to issue notifications to individuals whose personal information is exposed in data breaches. The other state – South Dakota – is also considering introducing similar legislation to protect state residents.

The Alabama Data Breach Notification Act, proposed by Sen. Arthur Orr (R-Decatur), requires companies doing business in the state of Alabama to issue notifications to state residents when their sensitive personal information has been exposed and it is reasonably likely to result in breach victims coming to substantial harm.

Entities that would be required to comply with the Alabama Data Breach Notification Act are persons,

sole proprietorships, partnerships, government entities, corporations, non-profits, trusts, estates, cooperative associations, and other business entities that acquire or use sensitive personally identifying information.

Sensitive personally identifying information is defined as a first name/first initial and last name combined with any of the following data elements, provided they are not truncated, encrypted, or hashed:

  • Social Security number
  • Tax ID number
  • Driver’s license number
  • State identification card number
  • Military identification number
  • Passport number
  • Other unique government identification number
  • Medical information such as health history, treatment or diagnosis or mental/physical condition
  • Health insurance number or unique identifiers used by health insurers for identification of an individual
  • Financial account number (bank account, credit card, or debit card) combined with an expiry date, security code, PIN, password, or other information that would allow a financial transaction to be conducted
  • Username or email address along with a password or security question answer that would allow an account to be accessed

The Alabama Data Breach Notification Act also calls for entities holding the above information to implement and maintain reasonable security measures to protect sensitive personally identifiable information. A risk analysis must be conducted to identity potential security risks and safeguards would need to be adopted reduce those risks to a reasonable level. Measures to protect data should be appropriate for the sensitivity of the data, the amount of data held, the size of the organization, and the cost of safeguards relative to the company’s resources.

If the Alabama Data Breach Notification Act is passed, state residents would have to be notified of data breaches within 45 days of discovery of a breach. Companies that fail to issue the notifications could potentially be fined up to $5,000 per day for any delay in issuing notifications up to a maximum of $500,000 per breach. Lawsuits could be filed by the attorney general’s office on behalf of breach victims, although private actions would not be possible.

Breach notices would be required to include the date or estimated date of the breach, a description of the information exposed, details of the steps that can be taken by breach victims to protect themselves against harm, details of the steps taken by the breached entity to restore security and confidentiality of data, and contact information for further information about the breach. A breach notice would also need to be submitted to the state attorney general’s office if the breach impacts more than 1,000 individuals.

In contrast to data breach notification laws in some US states that exempt HIPAA covered entities that are in compliance with HIPAA laws, the Alabama Data Breach Notification Act would apply to HIPAA covered entities.

The current maximum time frame for HIPAA covered entities is 60 days from the date of discovery of a breach. For Alabama residents at least, that time frame would be reduced by 15 days.

The post Alabama Data Breach Notification Act Passed by State Senate appeared first on HIPAA Journal.

EmblemHealth Fined $575,000 by NY Attorney General for HIPAA Breach

A 2016 mailing error by EmblemHealth that saw the Health Insurance Claim Numbers of 81,122 plan members printed on the outside of envelopes has resulted in a $575,000 settlement with the New York Attorney General.

While all mailings include a unique patient identifier on the envelope, in this case the potential for harm was considerable as Health Insurance Claim numbers are formed using the Social Security numbers of plan members.

Announcing the settlement, New York Attorney General Eric T. Schneiderman explained that Health Insurance Portability and Accountability Act (HIPAA) Rules require HIPAA covered entities to implement administrative, physical, and technical safeguards to ensure the confidentiality of patients’ and plan members’ protected health information.

The error that saw Social Security numbers exposed violated HIPAA Rules. EmblemHealth failed to comply with “many standards and procedural specifications” required by HIPAA. Attorney General Schneiderman also said that printing Social Security numbers on the outside of envelopes violated New York General Business Law § 399-ddd(2)(e).

In addition to the $575,000 settlement, EmblemHealth is required to adopt a robust corrective action plan that requires a comprehensive risk analysis to be conducted related to the mailing of policy documents. The results of that risk analysis must be reported to the Attorney General’s office within 180 days. Policies and procedures related to mailings must also be reviewed and updated based on the findings of the risk analysis.

EmblemHealth must catalogue, review, and monitor mailings and ensure that all employees involved in mailings receive appropriate training. They must also be instructed to report any violations of the HIPAA Minimum Necessary Standard to EmblemHealth officials to allow prompt action to be taken manage risks to plan members. EmblemHealth is also required to report all security incidents to the Attorney General’s office for a period of 3 years from the date of the settlement.

According to Attorney General Schneiderman, New York has “weak and outdated security laws” which he has attempted to address by introducing the ‘Stop Hacks and Improve Electronic Data Security (SHIELD) Act’ in November 2017. There will now be a further push to get the SHIELD Act passed. Schneiderman claims the SHIELD Act will improve protections for state residents. Businesses will also be held accountable for data breaches that result in customers’ personal data being exposed.

“The careless handling of social security numbers is never acceptable,” said Attorney General Schneiderman. “New Yorkers need to be able to trust that companies entrusted with their private information will guard it appropriately. This starts with good governance—which is why my office will continue to push for stronger security laws and hold businesses accountable for protecting their customers’ personal data.”

The post EmblemHealth Fined $575,000 by NY Attorney General for HIPAA Breach appeared first on HIPAA Journal.

16,000 Individuals Impacted by Two Email-Related Breaches

Two email-related data breaches have been reported that have resulted in the disclosure of the protected health information of more than 16,000 individuals.

Flexible Benefit Service Corporation Breach Impacts 5,123 Individuals

Flexible Benefit Service Corporation (Flex), a Chicago-Il-based general agency and benefit administrator serving health insurance carriers, has announced the discovery of a phishing attack that resulted in an unauthorized individual gaining access to a corporate email account.

The security breach was detected on December 6, 2017 when an email account of a company employee was discovered to be sending phishing emails. The email account was compromised after a single employee responded to a phishing email and disclosed login credentials to the email account.

A third-party forensics firm was contracted to conduct an investigation into the breach and ascertain the extent of the attacker’s activities. The investigation highlighted the likely intentions of the attacker. Once access to the email account was gained, the attacker performed searches looking for details of invoices, wire transfers and wire payments.

This strongly suggests the aim of the attack was to use the account in a BEC attack rather than gain access to protected health information. The forensics firm could not confirm whether individual emails had been opened or if protected health information was viewed. Were that to be the case, the attacker could potentially have viewed information such as names, addresses, phone numbers, Social Security numbers, and birth dates.

Individuals impacted by the incident have been offered identity theft protection, recovery, and credit monitoring services for 12 months without charge. Flex has responded by enhancing its internal security awareness and anti-phishing training program for employees.

Kansas Department for Aging and Disability Services Experiences 11,000-Record Breach

The Kansas Department for Aging and Disability Services (KDADS) has discovered an employee sent an unauthorized email to a group of KDADS business associates containing the protected health information of approximately 11,000 consumers.

All of the email recipients have already signed a business associate agreement with KDADS which prohibits them from disclosures or inappropriate use of any emailed protected health information.

KDADs has contacted all the business associates who received the information to advise them of the error and request they delete or destroy the email and any printed copies of the information. No reports have been received to suggest the information has been spread any further nor that any of the information has been misused.

The types of information in the attached document included names, dates of birth, addresses, Social Security numbers, genders, Medicaid identification numbers, and in-home services program participation information.

The incident has prompted KDADS to revise its policies and procedures to prevent similar incidents from occurring in the future. The employee responsible for the error has been terminated.

The post 16,000 Individuals Impacted by Two Email-Related Breaches appeared first on HIPAA Journal.

How to Report a HIPAA Violation Anonymously

One of the questions we are sometimes asked is how to report a HIPAA violation anonymously. This is because, in many cases, complaints and reports will not be reviewed or investigated without your contact details.

When you file a health information privacy complaint or a security rule violation complaint via the Office for Civil Rights´ (OCR) online Complaints Portal, the first page you are asked to complete is your name and contact details. The reason for this is because, if OCR reviews your complaint and decides to investigate it, the agency may want to contact you for further information.

You cannot go beyond the first page of the complaints process without entering any contact details; and, if you complete the form using fictitious contact details, OCR will be unable to contact you to obtain the information it needs to conduct an investigation. Consequently, it is not possible to report a HIPAA violation anonymously via the OCR Complaints Portal.

There are Other Ways of Filing a Complaint with OCR

The Complaints Portal is not the only way to file a complaint with OCR. You can download a complaint form, complete it, send it to OCR by mail or as an email attachment. The form allows you to deny consent for revealing your name or any identifying information – which is not the same as reporting a HIPAA violation anonymously and “may result in the closure of the investigation”.

You can also write anonymously to OCR, send an email from a disposable temporary email address, or call the agency directly on (800) 368-1019. If you find none of these approaches work because OCR does not want people to report a HIPAA violation anonymously, you could try one of OCR´s Regional Offices to see if one of these are willing to accept an anonymous report.

OCR is Not the Only Agency You Can Complain To

HHS´ Office for Civil Rights is not the only “enforcer” of HIPAA. Violations of the Administrative Requirements can be reported to the Centers for Medicare and Medicaid Services (CMS), violations of the Breach Notification Rule by organizations not covered by HIPAA can be reported to the Federal Trade Commission, and criminal violations can be reported to the Department of Justice.

All these agencies have complaints processes similar to OCR inasmuch as it is difficult to report a HIPAA violation anonymously. This is also usually the case with Offices of State Attorneys General. However, if you have a strong case for an investigation and explain why you are unwilling to reveal your identity, you may be able to report a HIPAA violation anonymously to a state agency.

How Else to Report a HIPAA Violation Anonymously

State and federal agencies are not the only bodies you can approach with a health information privacy complaint or a security rule violation complaint. You can also directly approach the organization responsible for the HIPAA violation. This gives you more options to report a HIPAA violation anonymously and a greater likelihood the violation you are reporting is addressed.

It is important to note that, unless the complaint involves a data breach subsequently reported to OCR by the organization, there will be no enforcement action taken by any state or federal agency. However, while there will be no record of an organization “getting into trouble” for failing to comply with HIPAA, your anonymous report may prevent somebody else experiencing an adverse event attributable to a privacy or security violation.

How to Report a HIPAA Violation Anonymously FAQs

Why doesn´t OCR want people to report a HIPAA violation anonymously?

Not only does it make it very difficult to investigate a privacy complaint without knowing who the complaint relates to, but malicious individuals could make unsubstantiated complaints that waste the time of both OCR investigators and the organization being investigated. By insisting on verifiable contact details, OCR can prevent malicious and unsubstantiated complaints – even though this requirement could dissuade some individuals from making justifiable complaints.

If I have to give my name, what protection do I have against retaliation?

§160.316 of the HIPAA Administrative Simplification Regulations prohibits Covered Entities and Business Associates from threatening, intimidating, coercing, harassing, discriminating against, or taking any retaliatory action against an individual who reports a HIPAA violation. This not only applies to patients and health plan members, but to any individual – including members of a Covered Entity´s or Business Associate´s workforce.

Can I report a HIPAA violation anonymously if the violation affects someone else?

Even if you are reporting a HIPAA violation on behalf of another person, OCR, CMS, the Federal Trade Commission, and Department of Justice will require your verifiable contact details to ensure the report is not malicious and unsubstantiated. You may be able to report a HIPAA violation anonymously to a State Attorney General´s office; but the best way to make a report anonymously is to approach the noncompliant organization directly.

How do I report a criminal violation of HIPAA anonymously to the Department of Justice?

Unlike some crime “tip lines”, the Department of Justice does not accept anonymous reports. The only route to reporting a criminal violation anonymously is to contact the noncompliant organization´s Privacy Officer who should investigate your complaint (subject to you having a strong case). If the Privacy Officer believes a criminal violation has occurred, they will report it to OCR, who will refer it to the Department of Justice for investigation.

What should I do if I complain anonymously to an organization, but nothing happens?

It may be difficult to know if your complaint to an organization has been ignored because the organization has no way of contacting you to explain what it is doing to correct the violation – which may take some time if it involves the development of new policies and additional workforce training. However, if you are certain your complaint has been ignored and it is still within 180 days of the violation being identified, you can escalate your complaint to OCR – albeit not anonymously.

Are HIPAA complaints anonymous?

Although you can request that your name is withheld when you make a complaint to OCR, complaints made anonymously will not be investigated. This not only applies to complaints made to OCR, but also to State Attorneys General, county HHS offices, and – where applicable – CMS, and the FTC. The option exists to phone an agency and make a complaint anonymously, but without your name, it is unlikely any further action will be taken.

The post How to Report a HIPAA Violation Anonymously appeared first on HIPAA Journal.

New York Surgery & Endoscopy Center Discovers 135,000-Record Data Breach

A malware infection at St. Peter’s Surgery & Endoscopy Center in New York has potentially allowed hackers to gain access to the medical records of as many as 135,000 patients.

This is the second largest healthcare data breach of 2018, the largest to hit New York state since the 3,466,120-record data breach at Newkirk Products, Inc. in August 2016, and the fifth largest healthcare data breach in New York since the Department of Health and Human Services’ Office for Civil Rights started publishing data breach summaries in October 2009.

The data breach at St. Peter’s Surgery & Endoscopy Center was discovered on January 8, 2018: The same day as hackers gained access to its server. The rapid detection of the malware limited the time the hackers had access to the server and potentially prevented patients’ data from being viewed or copied. However, while no evidence of data access or data theft was discovered, it was not possible to rule either out with a high degree of certainty.

In its substitute branch notice, St. Peter’s Surgery & Endoscopy Center says the servers it uses are separate from St. Peter’s Hospital and Albany Gastroenterology Consultants. Protected health information held by those medical centers was not compromised as a result of the malware infection. Only patients who have previously visited St. Peter’s Surgery & Endoscopy Center for medical treatment have potentially been affected. Letters to affected patients were mailed on February 28, 2018 and the incident has been reported to the HHS’ Office for Civil Rights.

The information potentially accessed/copied was limited to patients’ names, addresses, dates of birth, dates of service, diagnosis codes, procedure codes, and insurance information. Some patients also had Medicare information exposed. Patients without Medicare did not have their social security numbers exposed and no patients’ banking or credit/debit card numbers were exposed.

Patients whose Medicare information was exposed have been offered one year of credit monitoring and identity theft protection services without charge “out of an abundance of caution” and all patients have been advised to check their health insurance statements carefully for any sign of fraudulent use of their information.

No information has been released on the exact nature of the security breach, such as how the hackers gained access to the server to install malware. St. Peter’s Surgery & Endoscopy Center said action is being taken to bolster security, which includes further staff training. The purchase of additional – and more elaborate – anti-virus and anti-malware solutions is also being evaluated.

The post New York Surgery & Endoscopy Center Discovers 135,000-Record Data Breach appeared first on HIPAA Journal.