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Des Moines, Iowa-based UnityPoint Health has agreed to settle a proposed class action lawsuit filed by victims of two phishing attacks in 2017 and 2018 that saw the protected health information of 1.4 million patients exposed.
The first phishing attack occurred in November 2017 and was discovered on February 15, 2018. The attackers had access to the email accounts of certain employees of its Madison campus for more than 3 months and potentially obtained the protected health information of approximately 16,429 patients. Patients were notified about the breach in April 2018.
The second phishing attach was much more extensive. The campaign saw a UnityPoint executive impersonated in March 2018, and several employees responded to the message and disclosed their login credentials. The breach was detected in May 2018 and the investigation revealed the compromised email accounts contained the protected health information of 1.4 million patients, making it the second largest healthcare data breach to be reported in 2018. The attackers had access to the email accounts for almost a month before the breach was detected and email accounts were secured. Notification letters were sent to affected individuals in August 2018.
A lawsuit was filed soon after the announcement about the breach was made. The lawsuit alleged UnityPoint Health mishandled the breach and misrepresented the nature, breadth, scope, harm, and cost of the breach. It was alleged that UnityPoint Health did not notify affected individuals within the 60-day time frame demanded by the HIPAA Breach Notification Rule and when notifications were issued, patients were not informed that their Social Security numbers had been exposed.
In the breach notification letters UnityPoint Health explained that no evidence was found to suggest the protected health information exposed in the attack was or will be used for unintended purposes, suggesting affected patients were not placed at risk. UnityPoint Health also failed to offer breach victims credit monitoring or identity theft protection services, even though Social Security numbers and river’s license numbers had been exposed.
UnityPoint Health attempted to have the lawsuit dismissed and was partially successful. In July 2019, a US District Court Judge partially dismissed some of the claims in the lawsuit, although other claims were allowed to proceed. The judge ruled that the plaintiffs’ alleged facts sufficient to establish there was an objectively reasonable likelihood of future identity theft.
A settlement was proposed on June 26, 2020 to resolve the lawsuit and will provide victims with monetary and injunctive relief. Under the terms of the proposed settlement, UnityPoint Health has agreed to make a minimum of $2.8 million available to class members to cover claims. Each affected individual can submit a claim of up to $1,000 to cover documented ordinary out-of-pocket expenses such as credit monitoring and identity theft protection services, and up to 3 hours in lost time charged at $15 per hour.
A claim of up to $6,000 can be made per person to cover extraordinary expenses which includes documented out-of-pocket expenses and up to 10 hours per person at $15 per hour for time lost arranging credit monitoring services, credit freezes, and other actions taken as a result of the breach. In contrast to most data breach settlements, UnityPoint Health has not placed a cap on extraordinary expenses claims, so UnityPoint Health will cover actual losses if breach victims submit a valid claim. All victims will also be entitled to a year’s membership to credit monitoring and identity theft protection services and will be protected by a $1 million insurance policy against identity theft. The credit monitoring services and insurance policy are estimated to cost around $200 per class member.
The four breach victims named in the lawsuit will also be entitled to claim an additional $2,500 per person. The full costs of notice and claims administration and attorney fees will be paid by UnityPoint Health up to a maximum value of $1.58 million.
UnityPoint Health has also agreed to make improvements to network and data security and will undergo an annual audit by a third-party security firm to ensure that security measures are adequate, and the healthcare provider is complying with its security policies.
Given the lack of a cap on claims, this could turn out to be one of the largest ever healthcare data breach settlements. The settlement will now need to be approved by a judge and could be finalized by the end of the year.