UCLA Health Settles Class Action Data Breach Lawsuit for $7.5 Million

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UCLA Health has settled a class action lawsuit filed on behalf of victims of data breach that was discovered in October 2014. UCLA Health has agreed to pay $7.5 million to settle the lawsuit.

UCLA Health detected suspicious activity on its network in October 2014 and contacted the FBI to assist with the investigation. The forensic investigation confirmed that hackers had succeeded in gaining access to its network, although at the time it was thought that they did not access the parts of the network where patients’ medical information was stored. However, on May 5, 2015, UCLA confirmed that the hackers had gained access to parts of the network containing patients’ protected health information and may have viewed/copied names, addresses, dates of birth, Medicare IDs, health insurance information, and Social Security numbers. In total, 4.5 million patients were affected by the breach.

The Department of Health and Human Services’ Office for Civil Rights investigated the breach and was satisfied with UCLA Health’s breach response and the technical and administrative safeguards that had been implemented post-breach to improve security.

UCLA Health avoided a financial penalty, but a class action lawsuit was filed on behalf of patients affected by the breach. The plaintiffs alleged UCLA Health failed to inform them about the breach in a timely manner, there had been breach of contract, violations of California’s privacy laws, and that UCLA Health’s failure to protect the privacy of patients constituted negligence.

UCLA Health notified patients about the breach on July 15, 2015, and while this was in line with HIPAA requirements – under 60 days from the discovery that PHI had been compromised – the plaintiffs believed they should have been notified more quickly, given the fact that the breach had occurred 9 months previously.

Under the terms of the settlement, all patients affected by the breach can claim two years of free credit monitoring and identity theft protection services. Patients will also be allowed to submit a claim to recover costs that have been incurred protecting themselves against unauthorized use of their personal and health information and they can also submit a claim to recover losses from fraud and identity theft.

Patients can claim up to $5,000 to cover the costs of protecting their identities and up to $20,000 for any losses or damage caused by identity theft and fraud. $2 million of the $7.5 million settlement has been set aside to cover patients’ claims.  The remaining $5.5 million will be paid into a cybersecurity fund which will be used to improve cybersecurity defenses at UCLA Health.

Patients have until May 20, 2019 to submit an objection or exclude themselves from the settlement. Preventative measure claim forms must be submitted by June 18, 2019 and patients must enroll in the free credit monitoring and identity theft protection services by September 16, 2019. The deadline for submitting claims for the reimbursement of losses is June 18, 2021. The final court hearing on the settlement is scheduled for June 18, 2019.

Author: HIPAA Journal

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