DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

NYS settles with CoPilot Provider Services over delayed breach notification to 220,000 patients

Posted on June 15, 2017 by Dissent

There’s a follow-up to an incident reported by DataBreaches.net in January and February involving CoPilot Provider Services. As I had reported in January, CoPilot took more than one year to notify individuals of a breach involving their web site, and would not answer any questions as to why it took so long. As I subsequently reported in February, the incident may not have been as the firm first described it, and OCR was reportedly investigating. Whether HHS/OCR had any authority, however, was unclear, as the firm disputed that it was a covered entity or business associate.

HIPAA aside, the company apparently violated NYS law in terms of protecting data and making prompt notification. Today, NYS Attorney General announced a settlement with the firm:

Company Violated General Business Law That Requires Companies To Provide Notice Of A Breach As Soon As Possible

CoPilot Provider Support Services, Inc. Must Pay $130,000 In Penalties And Reform Its Legal Compliance Program

Schneiderman: Healthcare Services Providers Have A Duty To Protect Patient Records As Securely As Possible And To Provide Notice When A Breach Occurs 

NEW YORK – Attorney General Eric T. Schneiderman today announced a settlement with CoPilot Provider Support Services, Inc. (“CoPilot”), a New York corporation that provides support services to the health industry, after the company violated General Business Law by waiting over a year to provide notice of a data breach that exposed 221,178 patient records. CoPilot has agreed to pay $130,000 in penalties and to improve its notification and legal compliance program.

“Healthcare services providers have a duty to protect patient records as securely as possible and to provide notice when a breach occurs,” said Attorney General Schneiderman. “Waiting over a year to provide notice is unacceptable. My office will continue to hold businesses accountable to their responsibility to protect customers’ private information.”

CoPilot’s website—www.monovischcp.com—is used by physicians to help determine whether insurance coverage is available for certain medications. On October 26, 2015, an unauthorized individual gained access to confidential patient reimbursement data of CoPilot via the website administration interface, PHPMyAdmin. The intruder downloaded reimbursement-related records for 221,178 patients—including their name, gender, date of birth, address, phone number, and medical insurance card information. Of the patients affected, 25,561 were residents of New York; 11,372 of the New York patients’ records also included social security numbers.

In mid-February 2016, the Federal Bureau of Investigation opened an investigation at CoPilot’s request, focusing on a former CoPilot employee whom CoPilot believed was the intruder.

On January 18, 2017, CoPilot began to provide formal notice to affected consumers in New York. The notifications were issued more than one year after CoPilot learned of the breach of patient data. Although CoPilot asserted that the delay in providing notice was due to an ongoing investigation by law enforcement, the FBI never determined that consumer notification would compromise the investigation, and never instructed CoPilot to delay victim notifications. General Business Law § 899-aa requires companies to provide notice of a breach as soon as possible, and a company cannot presume delayed notification is warranted just because a law enforcement agency is investigating.

Pursuant to the agreement, CoPilot has agreed to pay $130,000 in penalties.  It also has agreed to comply with New York’s consumer protection and data security laws, Executive Law § 63(12) and GBL § 899-aa, and to update relevant policies and procedures to ensure compliance with GBL § 899-aa. Its legal compliance program must include training of all officers, managers, and employees of CoPilot as to their roles and responsibilities in ensuring that CoPilot complies with GBL § 899-aa and provides timely notices to affected consumers in the event of a breach. All officers and managers of CoPilot are required to review the obligations of the agreement.

The agreement also states that CoPilot should not delay providing notification of a breach to consumers, unless explicitly directed in writing by an authorized law enforcement official investigating the incident for criminal prosecution, in which that consumer notice of the incident would impede the investigation. In such an event, CoPilot must request a date when notification can be provided, and if a date is not forthcoming, maintain contact with the law enforcement agency until approval for notification pursuant to GBL § 899-aa is provided.

This case was handled by Bureau of Internet and Technology Deputy Bureau Chief Clark Russell and Assistant Attorney General Jordan Adler, under the supervision of Bureau Chief Kathleen McGee. The Bureau of Internet and Technology is overseen by Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.

Note that the press release does not indicate that law enforcement ever found the suspect employee at fault.

Nor is the incident up on HHS’s breach tool.

DataBreaches.net is attempting to get updated information on this case.


Related:

  • Snowflake Loses Two More Bids to Dismiss Data Breach Plaintiffs
  • US company with access to biggest telecom firms uncovers breach by nation-state hackers
  • Safaricom-Backed M-TIBA Victim of a Possible Data Breach Affecting Millions of Kenyans
  • Another plastic surgery practice fell prey to a cyberattack that acquired patient photos and info
  • How a hacking gang held Italy’s political elites to ransom
  • NY: Gloversville hit by ransomware attack, paid ransom
Category: Health DataOf NoteU.S.

Post navigation

← Ca: Health authority pays $1m in privacy lawsuit
Casinos and mining operations targeted by hackers attempting extortion – Mandiant →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Report released on PowerSchool cyber attack
  • Sue The Hackers – Google Sues Over Phishing as a Service
  • Princeton University Data Breach Impacts Alumni, Students, Employees
  • Eurofiber admits crooks swiped data from French unit after cyberattack
  • Five major changes to the regulation of cybersecurity in the UK under the Cyber Security and Resilience Bill
  • French agency Pajemploi reports data breach affecting 1.2M people
  • From bad to worse: Doctor Alliance hacked again by same threat actor (1)
  • Surveillance tech provider Protei was hacked, its data stolen, and its website defaced
  • Checkout.com Discloses Data Breach After Extortion Attempt
  • Washington Post hack exposes personal data of John Bolton, almost 10,000 others

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • CIPL Publishes Discussion Paper Comparing U.S. State Privacy Law Definitions of Personal Data and Sensitive Data
  • India’s Digital Personal Data Protection Act 2023 brought into force
  • Five major changes to the regulation of cybersecurity in the UK under the Cyber Security and Resilience Bill
  • Keeping Cool When ICE Arrives: Basic Raid Response Strategies for Laboratories
  • IRS Accessed Massive Database of Americans Flights Without a Warrant

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.