NuLife Med Settles Class Action Data Breach Lawsuit

The Manchester, New Hampshire-based medical equipment company, NuLife Med, has agreed to settle a class action lawsuit that was filed in response to a March 2022 data breach that affected more than 80,000 individuals.

NuLife Med identified suspicious activity within its computer network on March 11, 2022. The forensic investigation revealed hackers had access to its systems between March 9 and March 11, 2022, during which time data was viewed or exfiltrated. The compromised data included names, addresses, medical information, health insurance information, and in some cases, Social Security numbers, driver’s licenses, and financial account/credit card information.

A lawsuit was filed in the US District Court for the Southern District of Florida – Pires, et al. v. NuLife Med LLC – that alleged NuLife Med was negligent for failing to implement appropriate safeguards to keep patient data private and confidential, which allowed a data breach to occur that was entirely preventable. The lawsuit claimed that the plaintiff, Victor Pires, and similarly situated individuals, suffered an injury as a result of the negligence and incurred out-of-pocket expenses dealing with the data breach.

NuLife Med chose to settle the lawsuit to avoid the expense of ongoing litigation and the uncertainty of trial; however, admitted no wrongdoing. The total value of the settlement has not been disclosed. Individuals who received a notification letter from NuLife Med about the data breach are entitled to submit a claim if they can provide documented proof of losses and will receive a check for up to $25. Alternatively, class members can elect to receive one year of credit monitoring services instead.

The deadline for submitting a claim is June 20, 2023. The deadline for objection to or exclusion from the settlement is May 16, 2023. The final approval hearing for the settlement has been scheduled for June 5, 2023.

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Security Teams Pressured into Keeping Quiet About Security Breaches

Ransomware and phishing attacks on organizations have increased over the past 12 months as have the costs associated with the attacks. In 2022, the average cost of a data breach increased to $4.35 million and $10.1 million for healthcare data breaches (IBM Security).

Due to the high costs and reputational damage caused by data breaches, cybersecurity teams are being pressured into keeping cyberattacks and data breaches quiet, even though there are often legal requirements for reporting data breaches. The recently published Bitdefender 2023 Cybersecurity Assessment has revealed the extent to which cybersecurity teams are being pressured into staying silent about data breaches. In the United States, 74.7% of respondents said they had experienced a data breach or data leak in the past 12 months and 70.7% of those respondents said they had been told to keep a security breach confidential when it should have been reported. 54.7% of respondents said they did keep a security breach confidential when they knew it should be reported.

Bitdefender’s survey suggests healthcare organizations are failing to report data breaches. 28.6% of healthcare respondents said they were told not to report a security incident that should have been reported and did not report the breach. In the United States, 78.7% of respondents said they are worried that their company will face legal action due to the incorrect handling of a security breach.

Bitdefender also asked IT professionals about the biggest threats that they now face. In the United States, the biggest perceived threats were software vulnerabilities/zero days (80%), supply chain attacks (73.3%) phishing/social engineering (58.7%), insider threats (50.7%), and ransomware (45.3%), with the human factor the biggest concern for business leaders. The biggest security challenges faced by U.S. organizations were extending security capabilities across multiple environments (49.3%), complexity (49.3%), incompatibility with other security solutions (32.1%), and reporting capabilities (40%).

Respondents were also asked about the biggest security myths that they would love to see busted. The biggest bugbear was that the organization is not a target for cybercriminals (42.7%), closely followed by using non-corporate approved apps is not a big deal (40%), that security is the sole responsibility of the IT department (36%), and emails that are delivered to inboxes are always safe to click/open (36%).

Given the increase in cyberattacks on U.S. organizations, it is reassuring that 78.7% of respondents said they are planning to increase their security budgets. 49.3% of respondents said they were planning to cut back on new cybersecurity tech purchases and 38.7% said they were cutting back on new cybersecurity hires, as organizations look to security vendors to provide assistance. 95% of respondents said they are planning on increasing the number of security vendors, and 90% said they are looking for holistic, all-in-one security solutions to ease the burden and avoid compatibility issues.

The survey for the report was conducted by Censuswide on 400 IT professionals from junior IT managers to CISOs, in organizations with 1000+ employees in the USA, UK, Germany, France, Italy, and Spain.

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CommonSpirit Health Issues Update Confirming 164 Facilities Affected by Ransomware Attack

CommonSpirit Health has issued an update about its October 2022 ransomware attack and has confirmed that patients from 164 facilities were affected by the attack and had their sensitive data exposed or stolen. CommonSpirit Health detected the ransomware attack on October 2, 2022, and the forensic investigation revealed unauthorized individuals had access to its systems between September 16, 2022, and October 3, 2022.

In December 2022, CommonSpirit Health confirmed that the threat actor responsible for the attack had stolen patient data prior to encrypting files, and said patients of Franciscan Medical Group/Franciscan Health and Virginia Mason Franciscan Health facilities had been affected. Those individuals were notified about the data breach in December. In February 2023, CommonSpirit Health issued a further update confirming the attackers also obtained the data of patients of St. Luke’s Diagnostic Cath Lab, Diagnostic Heart Center in Houston, TX, and sent notifications to those individuals in February.

The latest update on the ransomware attack was issued on April 6, 2023, and confirmed that the breach affected patients who had received care at certain facilities operated by Catholic Health Initiatives, Dignity Health, Centura Health, and MercyOne and shared a list of 164 hospitals and care sites that are known to have been affected. The investigation confirmed that the attackers had access to two file servers that contained files that included patient data such as names, addresses, birth dates, phone numbers, email addresses, dates of service, medical record numbers, healthcare provider names, diagnosis/treatment information, medical billing/claims information, patient facility associated account/encounter numbers, and health insurance information and, for a small number of individuals, Social Security numbers.

CommonSpirit Health said the delay in issuing the latest notifications was due to the incredibly time-consuming review of all files stored on those file servers to determine if they contained patient data, and which patients had been affected. The initial phase of that process was completed on February 21, 2023, and then accurate address information needed to be found to allow notifications to be sent.

CommonSpirit Health reported the data breach to the HHS’ Office for Civil Rights on December 1, 2022, as affecting 623,774 individuals.  That total has not been updated since, and CommonSpirit Health has not publicly confirmed at this stage exactly how many individuals have been affected. Given the number of hospitals now known to have been affected, that total is likely to increase by a substantial amount.

The full list of affected facilities detailed in the April 6 update is:

Hospital/Care Site State
St. Vincent Infirmary Little Rock Arkansas
St. Vincent North Sherwood Arkansas
St, Vincent Hot Springs Hot Springs Arkansas
St. Vincent Morrilton Morrilton Arkansas
CHI St. Vincent Medical Group Little Rock Arkansas
CHI St. Vincent Medical Group Hot Springs Arkansas
CHI Memorial Georgia Hospital Fort Oglethorpe Georgia
CHI Memorial – Parkway Ringgold Georgia
CHI Memorial Medical Group All Locations Georgia
CHI Health Mercy Council Bluffs Council Bluffs Iowa
CHI Health Missouri Valley Missouri Valley Iowa
CHI Health Mercy Corning Corning Iowa
Flaget Memorial Hospital Bardstown Kentucky
Saint Joseph Hospital Lexington, Nicholasville Kentucky
Saint Joseph Health Community Pharmacy Lexington Kentucky
Saint Joseph – Berea Berea Kentucky
Saint Joseph East Lexington Kentucky
Saint Joseph London London Kentucky
Saint Joseph Martin Martin (sold) Kentucky
Saint Joseph Mount Sterling Mount Sterling Kentucky
Saint Joseph Mount Sterling Outpatient Rehab Mount Sterling Kentucky
Saint Joseph Mount Sterling Outpatient Rehab Flemingsburg Kentucky
Continuing Care Hospital Lexington Kentucky
CHI Saint Joseph Medical Groups Central & Eastern Kentucky Kentucky
Jewish Hospital – Louisville (Sold), formerly part of CHI Kentucky
CHI LakeWood Health Baudette Minnesota
CHI St. Francis Health Breckenridge Minnesota
CHI St. Joseph’s Health Park Rapids Minnesota
CHI St.Gabriel’s Health Little Falls Minnesota
CHI St. Francis Home Breckenridge Minnesota
CHI Health at Home All locations Minnesota
CHI Health Lakeside Omaha Nebraska
CHI Health Midlands Papillion Nebraska
CHI Health Plainview Plainview Nebraska
CHI Health Creighton University Medical Center – Bergan Mercy Omaha Nebraska
Lasting Hope Recovery Center Omaha Nebraska
CHI Health Immanuel Omaha Nebraska
CHI Health Schuyler Schuyler Nebraska
CHI Health Good Samaritan Kearney Nebraska
CHI Health Richard Young Behavioral Health Kearney Nebraska
CHI Health Nebraska Heart Lincoln Nebraska
CHI Health St. Elizabeth Lincoln Nebraska
CHI Health St. Francis Grand Island Nebraska
CHI Health St. Mary’s Nebraska City Nebraska
The Physician Network ( including Nebraska Specialty Network, and Nebraska
Lincoln Physician Network) All locations Nebraska
CHI St. Alexius Medical Center Bismarck North Dakota
CHI St. Alexius Health Carrington & Clinics (includes Foster County North Dakota
Medical Center) Carrington North Dakota
CHI St. Alexius Carrington Urgent Care Carrington North Dakota
CHI Lisbon Health Lisbon North Dakota
CHI St. Alexius Health Devils Lake & Clinics Devils Lake North Dakota
CHI Mercy Health Valley City Valley City North Dakota
CHI St. Alexius Health Williston Williston North Dakota
CHI Oakes Hospital & Clinics Oakes North Dakota
CHI St. Alexius Health Turtle Lake Turtle Lake North Dakota
CHI St. Alexius Health Garrison & Clinics Garrison North Dakota
CHI St. Alexius Health Dickenson & Clinics Dickenson North Dakota
CHI Health at Home Fargo North Dakota
CHI Friendship Fargo North Dakota
CHI St. Alexius Physician Clinics All Locations North Dakota
Trinity Medical Center East and West Steubenville Ohio
Trinity Hospital Twin City Dennison Ohio
Ross Park Pharmacy Steubenville Ohio
Trinity Professional Group All locations Ohio
Trinity Home Health All locations Ohio
CHI Mercy Health Medical Center Roseburg Oregon
CHI St. Anthony Medical Center Pendleton Oregon
Oregon Surgery Center Roseburg Oregon
Centennial Medical Group Roseburg Oregon
CHI St. Joseph Children’s Health Lancaster Pennsylvania
CHI Memorial Hospital Chattanooga Chattanooga Tennessee
CHI Memorial Hospital Chattanooga Outpatient Pharmacy Chattanooga Tennessee
CHI Memorial Hospital Hixson Hixson Tennessee
Chattanooga Heart Institute Chattanooga Tennessee
CHI Memorial Medical Group All Locations Tennessee
CHI Baylor St. Luke’s Medical Center Houston Texas
CHI St. Luke’s Health Hospital at The Vintage Houston Texas
CHI St. Luke’s Health Brazosport Hospital Lake Jackson Texas
CHI St. Luke’s Health Lakeside Hospital The Woodlands Texas
CHI St. Luke’s Health Patients Medical Center Pasadena Texas
CHI St. Luke’s Health Springwoods Village Spring Texas
CHI St. Luke’s Health Sugar Land Hospital Sugar Land Texas
CHI St. Luke’s Health The Woodlands The Woodlands Texas
CHI St. Joseph Regional Medical Center Bryan Texas
CHI St. Joseph Health Burleson Hospital Burleson Texas
CHI St. Joseph Health Grimes Hospital Navasota Texas
CHI St. Joseph Health Madison Hospital Madisonville Texas
CHI St. Joseph Health College Station Hospital College Station Texas
St. Joseph Encompass Health Rehab Bryan Texas
St. Joseph Skilled Nuring and Rehab Bryan and Caldwell Texas
CHI St Luke’s Health Memorial Lufkin Lufkin Texas
CHI St Luke’s Health Memorial Livingston Livingston Texas
CHI St Luke’s Health Memorial St. Augustine St. Augustine Texas
CHI St. Luke’s Medical Group All locations Texas
CHI St. Joseph Health Medical Group All locations Texas
CHI St. Luke’s Health Memorial Clinics All locations Texas
St. Michael Medical Center (formerly Harrison Hospital) Bremerton & Silverdale Washington
St. Anne Hospital (Formerly Highline Hospital) Burien Washington
St. Anthony Hospital Gig Harbor Washington
St. Clare Hospital Lakewood Washington
St. Elizabeth Hospital Enumclaw Washington
St. Francis Hospital Federal Way Washington
St. Joseph Hospital Tacoma Washington
The former CHI Franciscan Health System Tacoma Washington
Franciscan Health Medical Group All locations Washington
Franciscan Hospice and Palliative Care Tacoma Washington

The breach also affected patients who received care through CHI Health at Home at the following facilities:

Hospital/Care Site
Albany Area Home Health and Hospice North Dakota – closed
American Nursing Care Columbus IN
American Nursing Care Dayton, OH
American Nursing Care Marion, OH
American Nursing Care Zanesville, OH
American-Mercy Home Care Cincinnati, OH
Amerimed Home Infusion Indianapolis, IN
Amerimed Home Infusion Lexington & Louisville, KY
Amerimed Home Infusion West Chester, OH
CHI Franciscan Health at Home University Place, WA
CHI Franciscan Hospice and Palliative Care Tacoma, WA
CHI Health at Home Breckenridge & Little Falls, MN
CHI Health at Home
Bismark, Dickinson, Valley City, &
Williston, ND
CHI Health at Home Plainview, NE
CHI Health at Home Milford Cincinnati, OH
CHI Health at Home Hospice Lincoln & Omaha, NE
CHI Health at Home Infusion Omaha, NE
CHI Health at Home, Home Care Grand Island, Lincoln, Omaha, NE
CHI Health Pharmacy Omaha, NE
CHI Memorial Health at Home Chattanooga, TN
CHI St. Joseph’s Hospice Park Rapids, MN
CHI St. Vincent Health at Home Hot Springs, Little Rock & Morrilton, ARK
Community Health at Home Indianapolis, IN
Community Mercy Home Care Springfield, OH
Community Mercy Home Care Pharmacy West Chester, OH
Cornerstone Medical Services (closed) Cincinnati, Columbus, & Akron OH
Deaconess Home Health Evansville, IN
Good Samaritan Home Care Vincennes, IN
Good Samaritan Home Care Lawrenceville, IL
Great Plains Rehabilitation Services Bismarck, Dickinson, ND
Hospice House University Place Tacoma, WA
Josie Harper Hospice House Omaha, NE
MedQuest Home Medical Equipment Williston, ND
Mercy Home Health Roseburg, OR
Reid Home Health Care Eaton, OH
Reid Home Health Care Richmond, IN
Southeastern Home Care Barnesville & Cambridge, OH
St. Elizabeth Home Care Florence, KY
St. Elizabeth Home Care Lawrenceburg, IN
St. Elizabeth Home Medical Equipment Lincoln NE
St. Vincent Heatlh at Home Arkansas
Virginia Mason Franciscan Pharmacy & Home Care Tacoma, WA
VNA Health at Home Clarksville, IN
VNA Health at Home Bardstown, Campbellsville, Elizabethtown,
Lexington, London, & Louisville, KY
VNA Health at Home Hospice Bardstown & London, KY
Associated and Former CommonSpirit/CHI Facilities
Centura Health System Colorado and Kansas
Jewish Hospital Louisville, KY
Mercy Medical Center Des Moines and Affiliates Des Moines, Iowa
Mercy Home Health Services – Iowa Iowa
Mercy Hospice Johnston-Iowa Iowa
St. Clare’s Hospital Denville, NJ
St. Joseph Medical Center, Reading Reading, PA
University of Louisville Medical Center Louisville, KY

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