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Sunday, April 21, 2019

Healthcare Data Breach Statistics

We have compiled healthcare data breach statistics from October 2009 when the Department of Health and Human Services’ Office for Civil Rights first started publishing summaries of healthcare data breaches on its website.
The healthcare data breach statistics below only include data breaches of 500 or more records as smaller breaches are not published by OCR. The breaches include closed cases and breaches still being investigated by OCR.
Our healthcare data breach statistics clearly show there has been an upward trend in data breaches over the past 9 years, with 2018 seeing more data breaches reported than any other year since records first started being published.
There have also been notable changes over the years in the main causes of breaches. The loss/theft of healthcare records and electronic protected health information dominated the breach reports between 2009 and 2015, although better policies and procedures and the use of encryption has helped reduce these easily preventable breaches. Our healthcare data breach statistics show the main causes of healthcare data breaches is now hacking/IT incidents, with unauthorized access/disclosures also commonplace.

Healthcare Data Breaches by Year

Between 2009 and 2018 there have been 2,546 healthcare data breaches involving more than 500 records. Those breaches have resulted in the theft/exposure of 189,945,874 healthcare records. That equates to more than 59% of the population of the United States. Healthcare data breaches are now being reported at a rate of more than one per day.
healthcare data breaches 2009 to 2018

Healthcare Records Exposed by Year

There has been a general upward trend in the number of records exposed each year, with a massive increase in 2015. 2015 was the worst year in history for breached healthcare records with more than 113.27 million records exposed. 2012 was the best year with just 2,808,042 healthcare records exposed. The situation has improved since 2015 with successive falls in the number of exposed records. Although that trend did not continue in 2018. The number of exposed records more than doubled year over year, from 5,138,179 records in 2017 to 13,236,569 records in 2018.
Records exposed in healthcare data breaches 2009 to 2018

Average/Median Healthcare Data Breach Size by Year

average healthcare data breach size 2009 to 2018

median data breach size 2009 to 2018

Largest Healthcare Data Breaches (2009-2018)

RankName of Covered EntityYearCovered Entity TypeIndividuals AffectedType of Breach
1Anthem Inc.2015Health Plan78,800,000Hacking/IT Incident
2Premera Blue Cross2015Health Plan11,000,000Hacking/IT Incident
3Excellus Health Plan Inc.2015Health Plan10,000,000Hacking/IT Incident
4Science Applications International Corporation2011Business Associate4,900,000Loss
5University of California, Los Angeles Health2015Healthcare Provider4,500,000Hacking/IT Incident
6Community Health Systems Professional Services Corporations2014Business Associate4,500,000Hacking/IT Incident
7Advocate Medical Group2013Healthcare Provider4,029,530Theft
8Medical Informatics Engineering2015Business Associate3,900,000Hacking/IT Incident
9Banner Health2016Healthcare Provider3,620,000Hacking/IT Incident
10Newkirk Products, Inc.2016Business Associate3,466,120Hacking/IT Incident
11 AccuDoc Solutions, Inc.2018Business Associate2,652,537Hacking/IT Incident
1221st Century Oncology2016Healthcare Provider2,213,597Hacking/IT Incident
13Xerox State Healthcare, LLC2014Business Associate2,000,000Unauthorized Access/Disclosure
14IBM2011Business Associate1,900,000Unknown
15GRM Information Management Services2011Business Associate1,700,000Theft
16UnityPoint Health2018Business Associate1,421,107Hacking/IT Incident
17Employees Retirement System of Texas2018Health Plan1,248,263Unauthorized Access/Disclosure
18AvMed, Inc.2010Health Plan1,220,000Theft
19CareFirst BlueCross BlueShield2015Health Plan1,100,000Hacking/IT Incident
20Montana Department of Public Health & Human Services2014Health Plan1,062,509Hacking/IT Incident
21The Nemours Foundation2011Healthcare Provider1,055,489Loss
22BlueCross BlueShield of Tennessee, Inc.2010Health Plan1,023,209Theft
23Sutter Medical Foundation2011Healthcare Provider943,434Theft
24Valley Anesthesiology and Pain Consultants2016Healthcare Provider882,590Hacking/IT Incident
25Horizon Blue Cross Blue Shield of New Jersey2014Business Associate839,711Theft

Healthcare Hacking Incidents by Year

Our healthcare data breach statistics show hacking is now the leading cause of healthcare data breaches, although it should be noted that healthcare organizations are now much better at detecting hacking incidents. The low hacking/IT incidents in the earlier years could be partially due to the failure to detected hacking incidents and malware infections quickly. Many of the hacking incidents between 2014-2018 occurred many months, and in come cases years, before they were detected.
healthcare hacking incidents 2009-2018
records exposed in healthcare hacking incidents 2009-2018

Unauthorized Access/Disclosures by Year

As with hacking, healthcare organizations are getting better at detecting internal breaches and also reporting those breaches to the Office for Civil Rights. While hacking is the main cause of breaches, unauthorized access/disclosure incidents are not far behind.

unauthorized access/disclosure data breaches 2009-2018
records exposed in unauthorized access/disclosure breaches

Loss/Theft of PHI and Unencrypted ePHI by Year

Our healthcare data breach statistics show HIPAA covered entities and business associates have got significantly better at protecting healthcare records with administrative, physical, and technical controls such as encryption, although unencrypted laptops and other electronic devices are still being left unsecured in vehicles and locations accessible by the public. Many of these theft/loss incidents involve paper records, which can equally result in the exposure of large amounts of patient information.
theft and loss incidents - healthcare
records exposed in theft/loss incidents

Improper Disposal of PHI/ePHI by Year

healthcare improper disposal data breaches
records exposed in healthcare improper disposal incidents

Breaches by Covered Entity Type

YearProviderHealth PlanBusiness AssociateOtherTotal
2009141318
20101342144199
201113720421200
201215522364217
201319918565278
20142027141314
20151966211269
20162575119327
20172885219359
20182735339365
Total1855371310102181

OCR Settlements and Fines for HIPAA Violations

The penalties for HIPAA violations can be severe. Multi-million-dollar fines possible when violations have been allowed to persist for several years or when multiple violations of HIPAA Rules have been allowed to occur.
The penalty structure for HIPAA violations is detailed in the infographic below:
Penalty Structure for HIPAA Violations

OCR Settlements and Fines Over the Years

Further information on HIPAA fines and settlements can be viewed on our HIPAA violation fines page, which details all HIPAA violation fines issued by OCR between 2008 and 2018. As the graph below shows, HIPAA enforcement has increased considerably over the past 9 years.

HIPAA Fines and Settlements

How Much Has OCR Fined HIPAA Covered Entities and Business Associates?

In addition to an increase in fines and settlements, the level of fines has also increased substantially. Multi-million-dollar fines for HIPAA violations are now the norm.
HIPAA Fines and Settlement Amounts by Year
average HIPAA penalties by year
median HIPAA penalty by year
As the above graphs show, there has been a sizable increase in both the number of settlements and civil monetary penalties and the fine amounts in recent years. OCR’s budget has been cut so there are fewer resources to put into pursuing financial penalties in HIPAA violation cases, but the fines remain at high levels. It was expected that 2018 would see fewer fines for HIPAA covered entities than in the past two years due to the budget cuts, but that proved not to be the case. 2018 was a record breaking year for HIPAA fines and settlements, beating the previous record of $23,505,300 set in 2016 by 22%. OCR received payments totaling $28,683,400 in 2018 from HIPAA covered entities and business associates who had violated HIPAA Rules.

OCR Penalties for HIPAA Violations

YearCovered EntityAmountSettlement/CMP
2018Cottage Health$3,000,000Settlement
2018Pagosa Springs Medical Center$111,400Settlement
2018Advanced Care Hospitalists$500,000Settlement
2018Allergy Associates of Hartford$125,000Settlement
2018Anthem Inc$16,000,000Settlement
2018Boston Medical Center$100,000Settlement
2018Brigham and Women’s Hospital$384,000Settlement
2018Massachusetts General Hospital$515,000Settlement
2018University of Texas MD Anderson Cancer Center$4,348,000Civil Monetary Penalty
2018Filefax, Inc.$100,000Settlement
2018Fresenius Medical Care North America$3,500,000Settlement
201721st Century Oncology$2,300,000Settlement
2017Memorial Hermann Health System$2,400,000Settlement
2017St. Luke’s-Roosevelt Hospital Center Inc.$387,000Settlement
2017The Center for Children’s Digestive Health$31,000Settlement
2017Cardionet$2,500,000Settlement
2017Metro Community Provider Network$400,000Settlement
2017Memorial Healthcare System$5,500,000Settlement
2017Children’s Medical Center of Dallas$3,200,000Civil Monetary Penalty
2017MAPFRE Life Insurance Company of Puerto Rico$2,200,000Settlement
2017Presense Health$475,000Settlement
2016University of Massachusetts Amherst (UMass)$650,000Settlement
2016St. Joseph Health$2,140,500Settlement
2016Care New England Health System$400,000Settlement
2016Advocate Health Care Network$5,550,000Settlement
2016University of Mississippi Medical Center$2,750,000Settlement
2016Oregon Health & Science University$2,700,000Settlement
2016Catholic Health Care Services of the Archdiocese of Philadelphia$650,000Settlement
2016New York Presbyterian Hospital$2,200,000Settlement
2016Raleigh Orthopaedic Clinic, P.A. of North Carolina$750,000Settlement
2016Feinstein Institute for Medical Research$3,900,000Settlement
2016North Memorial Health Care of Minnesota$1,550,000Settlement
2016Complete P.T., Pool & Land Physical Therapy, Inc.$25,000Settlement
2016Lincare, Inc.$239,800Civil Monetary Penalty
2015University of Washington Medicine$750,000Settlement
2015Triple S Management Corporation$3,500,000Settlement
2015 Lahey Hospital and Medical Center$850,000Settlement
2015Cancer Care Group, P.C.$750,000Settlement
2015St. Elizabeth’s Medical Center$218,400Settlement
2015Cornell Prescription Pharmacy$125,000Settlement
2014Anchorage Community Mental Health Services$150,000Settlement
2014Parkview Health System, Inc.$800,000Settlement
2014New York and Presbyterian Hospital and Columbia University$4,800,000Settlement
2014QCA Health Plan, Inc., of Arkansas$250,000Settlement
2014Concentra Health Services$1,725,220Settlement
2014Skagit County, Washington$215,000Settlement
2013Adult & Pediatric Dermatology, P.C.$150,000Settlement
2013Affinity Health Plan, Inc.$1,215,780Settlement
2013WellPoint$1,700,000Settlement
2013Shasta Regional Medical Center$275,000Settlement
2013Idaho State University$400,000Settlement
2012The Hospice of Northern Idaho$50,000Settlement
2012Massachusetts Eye and Ear Infirmary and Massachusetts Eye and Ear Associates, Inc.$1,500,000Settlement
2012Alaska DHSS$1,700,000Settlement
2012Phoenix Cardiac Surgery$100,000Settlement
2012Blue Cross Blue Shield of Tennessee$1,500,000Settlement
2011University of California at Los Angeles Health System$865,500Settlement
2011General Hospital Corp. & Massachusetts General Physicians Organization Inc.$1,000,000Settlement
2011Cignet Health of Prince George’s County$4,300,000Civil Monetary Penalty
2010Management Services Organization Washington Inc.$35,000Settlement
2010Rite Aid Corporation$1,000,000Settlement
2009CVS Pharmacy Inc.$2,250,000Settlement

State Attorneys General HIPAA Fines and Other Financial Penalties for Healthcare Organizations

State attorneys general can issue fines ranging from $100 per HIPAA violation up to a maximum of $25,000 per violation category, per year.
Even when action is taken by state attorneys general over potential HIPAA violations, healthcare organizations are typically fined for violations of state laws. Only a handful of U.S. states have issued fines solely for HIPAA violations.
Some of the major fines issued by state attorneys general for HIPAA violations and violations of state laws are listed below.

Attorneys General HIPAA Fines

YearStateCovered EntityAmount
2018MassachusettsMcLean Hospital$75,000
2018New JerseyEmblemHealth$100,000
2018New JerseyBest Transcription Medical$200,000
2018WashingtonAetnaTBA
2018ConnecticutAetna$99,959
2018New JerseyAetna$365,211.59
2018District of ColumbiaAetna$175,000
2018MassachusettsUMass Memorial Medical Group / UMass Memorial Medical Center$230,000
2018New YorkArc of Erie County$200,000
2018New JerseyVirtua Medical Group$417,816
2018New YorkEmblemHealth$575,000
2018New YorkAetna$1,150,000
2017CaliforniaCottage Health System$2,000,000
2017MassachusettsMulti-State Billing Services$100,000
2017New JerseyHorizon Healthcare Services Inc.,$1,100,000
2017VermontSAManage USA, Inc.$264,000
2017New YorkCoPilot Provider Support Services, Inc$130,000
2015New YorkUniversity of Rochester Medical Center$15,000
2015ConnecticutHartford Hospital/ EMC Corporation$90,000
2014MassachusettsWomen & Infants Hospital of Rhode Island$150,000
2014MassachusettsBoston Children’s Hospital$40,000
2014MassachusettsBeth Israel Deaconess Medical Center$100,000
2013MassachusettsGoldthwait Associates$140,000
2012MNAccretive Health$2,500,000
2012MassachusettsSouth Shore Hospital$750,000
2011VermontHealth Net Inc.$55,000
2011IndianaWellPoint Inc.$100,000
2010ConnecticutHealth Net Inc.$250,000

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