OCR Settles HIPAA Right of Access Investigation with Phoenix Healthcare for $35,000 – HIPAA Journal
OCR Settles HIPAA Right of Access Investigation with Phoenix Healthcare for $35,000
The Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that a $35,000 settlement has been reached with Phoenix Healthcare to resolve a HIPAA Right of Access violation. This is the 47th investigation of a HIPAA Right of Access case to result in a financial penalty. The HIPAA Right of Access provision of the HIPAA Privacy Rule requires patients or their personal representatives to have timely access to their health information. Access/copies of the requested information must be provided within 30 days of the request being received.
OCR received a complaint from a daughter whose mother was a patient of Phoenix Healthcare, an Oklahoma multi-facility organization in nursing care. The daughter was the personal representative of her mother and had not been provided with timely access to her mother’s medical records. The daughter requested the records on multiple occasions and had to wait almost a year to receive the requested data. The requested records were provided 323 days after the initial request was made.
The daughter reported the matter to OCR as a potential HIPAA investigation and OCR launched an investigation. OCR determined that there had been a violation of the HIPAA Right of Access and informed Phoenix Healthcare by letter on March 30, 2021, of its intention to impose a financial penalty of $250,000 for the failure to comply with the HIPAA Right of Access provision of the HIPAA Privacy Rule. Phoenix Healthcare contested the proposed fine and requested a hearing before an Administrative Law Judge (ALJ). The ALJ upheld the violations cited by OCR and that there had been wilful neglect of the HIPAA Privacy Rule. The ALJ ordered Phoenix Healthcare to pay a civil monetary penalty of $75,000.
Phoenix Healthcare appealed the $75,000 penalty, contesting both the penalty amount and the wilful neglect determination. The Departmental Appeals Board affirmed the ALJ’s decision that there had been wilful neglect of the HIPAA Rules and order to pay $75,000; however, OCR chose to settle with Phoenix Healthcare and reduced the financial penalty to $35,000 on the condition that the Departmental Appeals Board’s decision is not challenged, that Phoenix Healthcare revises its HIPAA policies and procedures, and provides HIPAA training on the revised policies and procedures to its workforce.
“Patients need to make the best decisions possible for their health and well-being, so timely access to their medical records is imperative,” said OCR Director Melanie Fontes Rainer. “Without this access, patients are at risk for incorrect treatments, inaccurate health records, and lack of understanding of their health conditions. It is unacceptable for a health care provider to delay or deny requests to release medical records for months, and we are calling on providers everywhere to be compliant to help empower patients.”
This is the third OCR HIPAA investigation of 2024 to result in a financial penalty, the others being a $4,750,000 settlement with Montefiore Medical Center, and a $40,000 settlement with Green Ridge Behavioral Health.
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MFA Bypassed in Cyberattack on L.A. County Department of Mental Health – HIPAA Journal
MFA Bypassed in Cyberattack on L.A. County Department of Mental Health
Cyberattacks and data breaches have been reported by the L.A. County Department of Mental Health, Healthfirst, Wyndemere Senior Care, Risas Dental & Braces, and Baylor College of Medicine.
Los Angeles County Department of Mental Health
The Los Angeles County Department of Mental Health has recently notified the California Attorney General about a breach of an employee’s email account. The email account had multi-factor authentication (MFA) in place; however, MFA was bypassed. The cyber threat actors bypassed MFA using a technique known as push notification spamming, where a user is sent multiple MFA push notifications to their mobile device in the hope that they will eventually respond. The employee did respond, resulting in their email account being compromised.
According to the Department of Mental Health, the attack stemmed from a breach at the City of Gardena Police Department (GDP). “GPD’s email exchanges with the Department of Mental Health (DMH) allowed the malicious actor or actors to send an email to a DMH employee and get access to that employee’s Microsoft Office 365 account.” The account contained names, dates of birth, Social Security numbers, addresses, telephone numbers, and medical record numbers.
This is not the first attack of this kind to affect the Department of Mental Health. Similar attacks occurred on October 6, 2023, and October 24, 2023. The breach notices sent to the affected individuals on December 6, 2023, December 22, 2023, and March 22, 2024, all include the following statement, “We have also notified Microsoft of the vulnerability in the Microsoft Office 365 multifactor authentication that was exploited by the malicious actor or actors. We have since implemented new security controls to address this specific attack.” Only one report is currently showing on the HHS’ Office for Civil Rights breach portal – dated December 22, 2023 – indicating 1,284 individuals were affected. It is unclear how many individuals had their data exposed in the latest attack.
Healthfirst
The New York health insurance provider, Healthfirst, has recently notified 6,836 of its 2 million members about unauthorized access to its member portal. Healthfirst, which provides health plans under the names Healthfirst PHSP, Inc., Healthfirst Health Plan, Inc., and Healthfirst Insurance Company, said member names, dates of birth, Healthfirst member ID numbers, and member zip codes were used to create unauthorized accounts. The accounts have now been disabled and internal protocols for digital member account validation have been updated to prevent similar incidents in the future. An investigation is ongoing into the source of the unauthorized activity. Healthfirst said it has no reason to believe that the unauthorized activity is linked to the Change Healthcare cyberattack. The affected individuals were notified on March 19, 2024.
Wyndemere Senior Care
Wyndemere Senior Care LLC, a Wheaton, IL-based provider of independent & assisted living neighborhoods, skilled nursing, & memory care, has notified 6,846 individuals that some of their personal information has been exposed in a cyberattack. Suspicious activity was detected in its computer systems on September 8, 2023, with the forensic investigation confirming there had been unauthorized network access between September 1, 2023, and September 8, 2023. A review of the files on the compromised parts of the network confirmed on February 21, 2024, that names and financial account numbers had been exposed. Individual notifications were mailed to the affected individuals on March 28, 2024. Wyndemere said it is implementing additional cybersecurity safeguards and is providing further training to its employees.
Risas Dental & Braces
Risas Dental & Braces in Phoenix, AZ, has recently notified patients about a cyberattack detected in July 2023 in which their protected health information was exposed. Unusual activity was identified in its computer systems on July 10, 2023, and immediate action was taken to secure its network. Third-party cybersecurity specialists were engaged to investigate the incident and determine the nature and scope of the unauthorized activity. The digital forensics team determined that unauthorized individuals had gained access to the network and may have downloaded files containing patient data.
The review of those files was completed on January 26, 2024, and confirmed they contained protected health information such as names, contact information, high-level treatment information such as procedure names or notes, the initial date or dates of service, and/or insurance subscriber information. The affected individuals were notified by mail on March 22, 2024. The incident is not yet showing on the HHS’ Office for Civil Rights breach portal, so it is unclear how many individuals have been affected.
Baylor College of Medicine (Advarra)
Baylor College of Medicine in Houston, TX, has confirmed that the personal information of certain participants in breast cancer clinical trials has been exposed in a data breach at its vendor, Advarra. The data was present in the email account of an Advarra employee that was accessed by an unauthorized third party in October 2023. Baylor College of Medicine was first made aware of the email security incident in November 2023, with the Advarra investigation determining in February 2024 that research participants’ data had been exposed. Advarra reported the breach to the Maine Attorney General in February as affecting 4,656 individuals and involving names, other personal identifiers, and Social Security numbers. It is unclear whether that figure includes the research participants.
Baylor College of Medicine said the research participants’ data exposed in the attack related to breast cancer research and clinical trials at the Dan L Duncan Comprehensive Cancer Center between 1999 to 2013. Baylor College of Medicine said the breach names and dates of birth and that Advarra has offered affected individuals complimentary credit monitoring, fraud consultation, and identify theft restoration services.
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Oklahoma Nursing Organization Resolves Alleged HIPAA Violation – Bloomberg Law
HHS’ Office for Civil Rights Settles HIPAA Investigation with Phoenix Healthcare – HHS.gov
Harvard Pilgrim Health Care Increases Ransomware Victim Count to 2.86 Million – HIPAA Journal
Harvard Pilgrim Health Care Increases Ransomware Victim Count to 2.86 Million
In February, Harvard Pilgrim Health Care revised the total number of individuals affected by an April 2023 ransomware attack, increasing the total by more than 81,000 to 2,632,275 individuals. That total was increased for the fourth time on March 27, 2024, as the ongoing investigation identified more data that was compromised in the attack. Now, at least 2,860,795 individuals are known to have been affected.
The ransomware attack was discovered on April 17, 2023, with the forensic investigation determining there had been unauthorized access to its network between March 28, 2023, and April 17, 2023. The additional 228,520 affected individuals have now been notified by mail and the notification letters state the exact types of data that were likely compromised in the attack. Harvard Pilgrim Health Care said it is offering complimentary credit monitoring and identity protection services through IDX.
It is not unusual for data breach investigations to uncover additional compromised data. Further data identified as having been accessed in the attack included the information of patients of Brigham and Women’s Physician Organization (BWPO). BWPO is not part of Harvard Pilgrim, but an employee of Harvard Pilgrim Health Care Institute also worked at BWPO part-time. The employee had backed up the contents of their laptop to Harvard Pilgrim’s servers, and the backup file included BWPO data. BWPO learned of the data exposure in January 2024.
BWPO said the backup file included data from January 1, 2017, to May 1, 2019, including names, addresses, phone numbers, dates of birth, medical record numbers, health insurance numbers, and limited clinical information, such as lab results, procedures, medications, and diagnoses related to care provided at BWPO. A BWPO spokesperson said appropriate steps have been taken to address the breach and prevent similar incidents from occurring in the future.
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