A lawsuit has been filed against Alphabet-owned Verily by a former employee who alleges that the personally identifiable health information of more than 25,000 patients was misused, and the company failed to report the HIPAA breaches, as required by the Health Insurance Portability and Accountability Act (HIPAA).
Verily, formerly Google Life Sciences, is a research organization owned by Google’s parent company, Alphabet. The Verily platform drives AI-powered precision health solutions that help pharmaceutical firms bring new therapies to market sooner and health systems and payers improve patient outcomes at a lower cost. The lawsuit alleges that an internal investigation confirmed HIPAA breaches involving HIPAA-protected data obtained from 14 HIPAA-regulated entities. The lawsuit claims patient data was used without authorization, in violation of the HIPAA Privacy Rule. Further, while the investigation uncovered misuses of patient data, Verily failed to disclose the breach, delaying notifications while contract renewals were negotiated with the affected covered entities, in violation of the HIPAA Breach Notification Rule.
The lawsuit was filed last year; however, it failed to be reported by the media until it was spotted by CNBC, which reported on the lawsuit last week. The lawsuit was filed by Ryan Sloan, a former chief commercial officer at Verily Onduo, Verily’s diabetes and hypertension business. The lawsuit is currently pending in the United States District Court for the Northern District of California in San Francisco, having survived a motion to dismiss or resolve the lawsuit through arbitration.
Sloan was hired by Verily in 2020 and was employed until he was terminated in January 2023. Sloan claims that he and Julia Feldman, general counsel at Onduo, discovered the HIPAA violations in January 2022 and reported them to senior management. Sloan claims that patient data was used for research, marketing campaigns, press releases, and national conferences, which are not uses permitted by the HIPAA Privacy Rule unless consent is obtained from patients.
Sloan claims that he and Feldman repeatedly raised the matter with senior management, and an internal investigation confirmed that there had been several HIPAA breaches of business associate agreements between Verily and HIPAA-covered entities, including Quest Diagnostics, Highmark Health, Walgreens Boots Alliance, and others. Despite the discovery of HIPAA breaches, Sloan alleges no notifications were issued.
He claims that during a contact negotiation between Verily and Highmark Health in August 2022, Verily misrepresented that it was fully compliant with the HIPAA Rules at all times, when the company knew that HIPAA violations had occurred, including with Highmark Health data. The lawsuit claims that Feldman was terminated later that month, along with another individual who was aware of the HIPAA breaches. Sloan was terminated in January 2023, which he claims was in response to repeatedly raising concerns about the HIPAA violations and the alleged cover-up of the HIPAA breaches.
There is no private cause of action under HIPAA, so individuals are not permitted to sue for HIPAA violations. Only the HHS’ Office for Civil Rights (OCR) and state attorneys general have the authority to take legal action for HIPAA violations. The lawsuit, Sloan v. Verily Life Sciences LLC, claims that Verily retaliated against Sloan after he raised the HIPAA violations in good faith, in breach of his employment contract. Verily denies the allegations.
“Verily believes the allegations and contentions alleged in this employment matter that was commenced in 2023 are completely without merit. Verily will defend itself to the full extent of the law,” said a Verily spokesperson in a statement to CNBC. “Verily is an equal opportunity employer, and takes its responsibility and commitment to abide by all laws and regulations seriously. As this is an ongoing legal matter, Verily will not be providing further comment at this time.”
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