Is Wix HIPAA Compliant?

Posted by Steve Alder

When this article was first published in early 2025, Wix was not a HIPAA-compliant service; however, the company has since implemented comprehensive measures to allow its platform to be used by HIPAA-regulated entities, and the company is prepared to sign a business associate agreement with HIPAA-regulated entities.

HIPAA Compliant Email Services

Wix is a service that helps businesses in all industries easily design, build, and host websites. Depending on the type of subscription, customers’ websites can include appointment scheduling software, e-commerce platforms, and loyalty programs. The service scores highly for performance, reliability, and security, and is certified PCI DSS and ISO 27001 compliant.

With regard to collecting data from website visitors, Wix enables customers to comply with the California Consumer Privacy Act (CCPA) and other state privacy laws that require an affirmative opt-in before data can be used for marketing purposes.

When it comes to collecting Protected Health Information (PHI) from website visitors, HIPAA-regulated entities must ensure that they use a platform that incorporates all of the necessary safeguards to ensure the confidentiality, integrity, and availability of PHI, and a regulated entity must enter into a business associate agreement (BAA) with the platform provider.

Wix has now incorporated a comprehensive range of measures to allow its platform to be used by HIPAA-regulated entities and provides both the tools and contractual safeguards to support HIPAA compliance. Provided customers have the appropriate Wix plan, take certain steps to make their Wix website HIPAA-compliant, and only use Wix’s HIPAA-designated apps and services, then Wix websites can be HIPAA-compliant.

How Does Wix Comply with HIPAA?

Customers with certain Wix plans (supported Premium or Studio plans) can activate a PHI protection feature from the Compliance, Privacy & Cookies section of their site dashboard. Activating this feature provides enhanced administrative, physical, and technical safeguards. These include encryption of ePHI at rest and in transit, access controls, audit logging, and the automatic restriction of non-HIPAA-compliant features and applications.

After activating this feature, users can execute a formal BAA with Wix. The BAA establishes Wix’s obligations under the HIPAA Rules. Wix agrees to comply with the permitted and required uses and disclosures of PHI, maintain appropriate safeguards, comply with data access, amendment, and accounting requirements, and the breach reporting requirements of the HIPAA Breach Notification Rule.

A HIPAA-regulated entity may request a copy of all PHI data on the site and submit a request to have the information securely and permanently deleted. Wix has published resources on its website to help HIPAA-regulated entities ensure HIPAA compliance when using its services:  Wix Services and HIPAA and HIPAA Compliance for Your Wix Site.

In order to comply with HIPAA, users must ensure that they only use specific services and apps on their website that have been approved for HIPAA use. Wix has curated a collection of apps in the Wix App Market and explicitly designates which apps and services support HIPAA compliance, allowing regulated entities to clearly identify which apps and services may be used to create, receive, maintain, or transmit ePHI.

What this Means for HIPAA Covered Entities and Business Associates

HIPAA-covered entities and business associates can use a website built on Wix to collect non-health information such as names, phone numbers, and email addresses. This is because information of this type is not considered PHI when it is not maintained in the same designated record set as individually identifiable health information.

Provided that forms are limited in the information they collect, that the appointment scheduling software does not reveal the nature of treatment, and that payment systems are just used for payment processing, covered entities and business associates will not be in violation of HIPAA for creating, receiving, maintaining, or transmitting non-health information via the service.

Before a website built on Wix is used to collect PHI, users must configure the options correctly, enter into a BAA with Wix, and only use apps and services that support HIPAA compliance. If those steps are taken, Wix websites are HIPAA compliant. Further, Wix’s HIPAA compliance features align with the international healthcare information security standard ISO 27799, to support healthcare providers in meeting strict data protection and security requirements, such as the EU’s General Data Protection Regulation (GDPR).

It should be noted that while a company can implement all of the necessary measures to support HIPAA-compliance, including signing a business associate agreement, it is up to each regulated entity to ensure that the product or service is used correctly.

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Capital Health Data Breach Litigation Settled for $4.5M

Posted by Steve Alder

Capital Health has agreed to pay $4.5 million to settle a class action lawsuit stemming from a 2023 ransomware attack. Capital Health operates two hospitals in New Jersey – Capital Health Regional Medical Center in Trenton and Capital Health Medical Center in Hopewell Township – as well as many primary care clinics in New Jersey and Pennsylvania.

On or around November 26, 2023, Capital Health identified unauthorized activity within its computer systems. The forensic investigation confirmed that a criminal cyber actor had access to its network between November 11, 2023, and November 26, 2023, and used ransomware to encrypt files. The investigation determined that files containing patient data had been exposed and may have been stolen. The LockBit ransomware group claimed responsibility for the attack and said it exfiltrated 7 TB of data. LockBit threatened to publish the stolen data on January 9, 2024, if the ransom was not paid. It is unclear if any payment was made.

Capital Health’s investigation confirmed that the hackers potentially accessed patient data such as names, addresses, phone numbers, email addresses, dates of birth, Social Security numbers, and medical information. The data breach was reported to the HHS’ Office for Civil Rights as affecting 503,071 individuals. Capital Health announced the cyberattack in December 20223, and the first class action lawsuit over the attack was filed on December 19, 2023. Further class action lawsuits were filed by other affected patients, which were consolidated in May 2025 – Bruce Graycar, et al. v. Capital Health Systems, Inc. – in the United States District Court for the District of New Jersey, as the lawsuits had overlapping claims. The consolidated class action lawsuit alleged claims for negligence, negligence per se, breach of implied contract, breach of fiduciary duty, unjust enrichment, declaratory judgment, and Violation of the New Jersey Consumer Fraud Act.

All parties discussed the option of settling the lawsuit, and a settlement was agreed upon by all parties, with no admission of liability, fault, or wrongdoing by Capital Health. Under the terms of the settlement, class members may submit claims for up to $5,000 per class member as reimbursement for documented, unreimbursed losses resulting from the data breach. Alternatively, class members may submit a claim for a cash payment, estimated to be $100 per class member. The cash payments may be increased or decreased, depending on the number of valid claims received. In addition to the cash payments, class members may also submit a claim for three years of credit monitoring services, valued at $90 per year.

Capital Health has also confirmed to class counsel that a range of additional security measures have been implemented and will be maintained to better protect patient data in the future. The deadline for objection to and opting out of the settlement is March 9, 2026. The deadline for submitting a claim is April 6, 2026, and the final fairness hearing has been scheduled for July 14, 2026.

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Gryphon Healthcare Agrees to Pay $2.87M to Settle Class Action Data Breach Lawsuit

Posted by Steve Alder

Gryphon Healthcare, a Houston, TX-based revenue cycle, coding, compliance, consultancy, and management services vendor, faced multiple class action lawsuits over a July 2024 cyberattack involving a partner for which it provides billing services. Gryphon Healthcare learned about the incident in August 2024, and its investigation found that files may have been viewed or obtained. Those files contained the protected health information of 393,358 patients, including names, dates of birth, addresses, Social Security numbers, dates of service, diagnoses, medical treatment information, prescriptions, medical record numbers, and health insurance information.

On or around October 11, 2024, Gryphon Healthcare started sending notification letters to the affected individuals, and shortly thereafter, the first class action lawsuit was filed. A further eight lawsuits were subsequently filed, which were consolidated into a single complaint – Morris et al., v. Gryphon Healthcare, LLC – in the District Court for Harris County, Texas. The lawsuit asserted claims of negligence/negligence per se, breach of contract, breach of implied contract, breach of fiduciary duty, breach of confidence, invasion of privacy, unjust enrichment, bailment, a failure to provide adequate notice pursuant to any breach notification statute or common law duty, and violations of state consumer protection laws.

While Gryphon Healthcare denies wrongdoing, fault, and liability for the cyberattack and data breach, after considering the cost and distraction of continuing the litigation and the uncertainty of trial, the decision was taken to settle. Under the terms of the settlement, Gryphon Healthcare will establish a $2,800,000 settlement fund to cover attorneys’ fees and expenses, settlement administration costs, and service awards for the nine named plaintiffs. After those costs have been deducted, the remainder of the fund will be used to pay benefits to the class members.

Class members may choose one of two cash payments. They may submit a claim for reimbursement of documented, unreimbursed losses due to the data breach up to a maximum of $5,000 per class member. Alternatively, they may choose to receive a cash payment, which is estimated to be $100, but may increase or decrease depending on the number of valid claims received. All class members who submit a valid claim are entitled to a two-year membership to an identity theft protection and medical data monitoring service, which includes a $1 million identity theft insurance policy. The deadline for objecting to the settlement and opting out is March 17, 2026. Claims must be submitted by April 16, 2026, and the final fairness hearing has been scheduled for August 31, 2026.

Nov 4, 2024: Gryphon Healthcare Facing Multiple Lawsuits Over 400,000-Record Data Breach

Gryphon Healthcare, a Houston, TX-based provider of revenue cycle management and medical billing services to healthcare providers, is facing multiple class action lawsuits over an August 2024 data breach that involved unauthorized access to the protected health information of almost 400,000 individuals. The compromised information included names, contact information, Social Security numbers, diagnosis and treatment information, health insurance information, and medical record numbers. The intrusion occurred via an unnamed IT service provider.

At least seven lawsuits have now been filed by individuals who were recently notified about the exposure of their protected health information. The plaintiffs allege that Gryphon Healthcare failed to implement reasonable and appropriate cybersecurity measures to protect the sensitive information it stored and also failed to monitor its network for unauthorized activity. The lawsuits assert that if appropriate defenses had been implemented and if industry standards had been adhered to, the data breach could have been prevented. Proper monitoring would have allowed the intrusion to be detected much more promptly.

The lawsuits make similar claims, including a violation of duties under common law, contract law, the Health Insurance Portability and Accountability Act (HIPAA), and the Federal Trade Commission (FTC) Act. The plaintiffs allege that the theft of their personal and protected health information has resulted in them suffering and continuing to suffer injuries, including financial harm due to the misuse of their information, lost time due to the detection and prevention of identity theft and fraud, and the loss or diminished value of their private information.

The plaintiffs make claims of negligence, negligence per se, invasion of privacy, breach of confidence, breach of fiduciary duty, breach of implied contract, breach of third-party beneficiary contract, and unjust enrichment. The lawsuits were filed in Texas federal court and seek class action certification for a nationwide class of individuals affected by the data breach, a jury trial, actual, compensatory, statutory, and punitive damages, and injunctive relief, including an order from the court requiring Gryphon Healthcare to implement a host of security measures to safeguard the personal and protected health information stored by the company.

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CISA Issues Guidance for Proactively Defending Against Insider Threats

Posted by Steve Alder

Insider threats are one of the leading causes of data breaches in healthcare, more so than in many other industry sectors. A 2018 study by Verizon found insider incidents outnumbered incidents involving external parties, with 56% of healthcare data breaches due to insiders and 43% due to external actors. A study by the cybersecurity firm Metomic found that the percentage of healthcare organizations reporting no insider incidents has declined from 34% in 2019 to 24% in 2024.

Insider incidents can stem from a lack of knowledge about HIPAA or disregard for patient privacy, such as when healthcare employees snoop on medical records. Negligent insiders can easily expose patient data by failing to follow the organization’s policies and procedures, and malicious insiders steal patient information for financial gain or revenge. Copying patient information to take to a new practice or employer is also common.

Due to the high risk of insider threats in healthcare and other critical infrastructure sectors, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) is urging critical infrastructure organizations to take decisive action against insider threats, and has published a new resource specifically developed for critical infrastructure organizations and state, local, tribal, and territorial (SLTT) governments to help them assemble a multi-disciplinary insider threat management team. The guidance includes proven strategies for proactively preventing, detecting, mitigating, and responding to insider threats.

Insiders have institutional knowledge and legitimate access rights, allowing them to easily access and steal sensitive data, and detecting insider breaches can be a challenge. Insider incidents can cause significant harm to healthcare organizations, including reputational damage, revenue loss, and harm to people and key assets. “Whether driven by intent or accident, insider threats pose one of the most serious risks to organizational security and resilience- demanding proactive measures to detect, prevent, and respond,” explained CISA.

“Insider threats remain one of the most serious challenges to organizational security because they can erode trust and disrupt critical operations,” said Acting CISA Director Dr. Madhu Gottumukkala. “CISA is committed to helping organizations confront this risk head-on by delivering practical strategies, expert guidance, and actionable resources that empower leaders to act decisively — building resilient, multi-disciplinary teams, fostering accountability, and safeguarding the systems Americans rely on every day.”

Combating insider threats requires an insider threat mitigation program that includes physical security, cybersecurity, personnel awareness, and partnerships with the community, and assembling a multi-disciplinary insider threat management team is a critical part of that process. The threat management team should oversee the insider threat management program, monitor for potential threats, and act quickly to mitigate the consequences of negligent and malicious insider actions. With an effective insider threat management team in place, organizations can reduce the damage and frequency of insider threat incidents.

A threat management team will be far more effective than any one individual, with teams able to be scaled and adjusted in scope and capability as the organization matures and evolves. Having a range of insider threat subject matter experts will allow the organization to obtain varied perspectives and generate more accurate and holistic threat assessments. Team members should include threat analysts, general counsel, human resources, the CISO, CSO, as well as external parties, including investigators, law enforcement, and medical or mental health counselors.

In the guidance, CISA offers a framework consisting of four stages – Plan, Organize, Execute, and Maintain (POEM). The Plan stage allows the organization to structure and scope the role of the threat management team. The Organize phase involves the team guiding employee awareness, creating a culture of reporting, and providing the necessary support to relevant departments to identify potential insider threat activity. The Execute phase involves upholding the insider threat mitigation program, and the Maintain phase is concerned with developing the threat management team to ensure it remains effective over time.

“Insider threats can disrupt operations, compromise safety, and cause reputational damage without warning. Organizations with mature insider threat programs are more resilient to disruptions, should they occur. People are the first and best line of defense against malicious insider threats, and organizations should act now to safeguard their people and assets,” said CISA Executive Assistant Director for Infrastructure Security Steve Casapulla.

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