Data Breach Alert: Labette Health | Console and Associates, PC – JDSupra – JD Supra

Recently, Labette Health confirmed that the company experienced a data security incident resulting in the protected health information of certain patients being compromised. If you received a data breach notification, it is essential you understand what is at risk. The data breach lawyers at Console & Associates, P.C. are actively investigating the Labette Health data breach on behalf of people whose information was exposed. As a part of this investigation, we are providing free consultations to anyone affected by the breach who is interested in learning more about the risks of identity theft, what they can do to protect themselves, and what their legal options may be to obtain compensation from Labette Health.

Last year, 1,862 data breaches affected more than 189 million people. On average, victims of identity theft spend 200 hours and over $1,300 recovering their identity. Many victims also suffer emotional distress, credit damage, and may even end up with a criminal record. Taking immediate action is the best way to prevent the worst consequences of a data breach.

What We Know So Far About the Labette Health Data Breach

Founded in 1961, Labette Health is a Level III trauma center located in Parsons, Kansas. Labette Health has 99 beds and provides acute, intensive and inpatient rehabilitation services. Labette Health also offers cancer care, general surgery, home care, joint replacement, and women’s health services.

According to a notice posted to the company’s website, Labette Health first noticed unauthorized activity on its IT systems on October 14, 2021. In response, the company began an investigation into the incident to determine if the protected health information of any patients was compromised as a result. The investigation revealed that between October 15 and October 24, 2021, an unauthorized party was able to access and acquire certain information on the company’s network.

Upon learning of the extent of the security breach, Labette Health then reviewed the affected files to determine what information was compromised. The company completed this review on February 11, 2022. While the compromised information varies by consumer, it may include your Social Security number, medical treatment and diagnosis information, treatment costs, dates of service, prescription information, Medicare or Medicaid number, and health insurance information.

On March 11, 2022, Labette Health began sending out data breach notification letters to all individuals whose information was compromised as a result of the recent data security incident.

More About the Causes and Risks of Data Breaches

Often, data breaches are the result of a hacker gaining unauthorized access to a company’s computer systems with the intention of obtaining sensitive consumer information. While no one can know the reason why a hacker targeted Labette Health, it is common for hackers and other criminals to identify those companies believed to have weak data security systems or vulnerabilities in their networks.

Once a cybercriminal gains access to a computer network, they can then access and remove any data stored on the compromised servers. While in most cases a company experiencing a data breach can identify which files were accessible, there may be no way for the company to tell which files the hacker actually accessed or whether they removed any data.

While the fact that your information was compromised in a data breach does not necessarily mean it will be used for criminal purposes, being the victim of a data breach puts your sensitive data in the hands of an unauthorized person. As a result, you are at an increased risk of identity theft and other frauds, and criminal use of your information is a possibility that should not be ignored.

Given this reality, individuals who receive a Labette Health data breach notification should take the situation seriously and remain vigilant in checking for any signs of unauthorized activity. Businesses like Labette Health are responsible for protecting the consumer data in their possession. If evidence emerges that Labette Health failed to adequately protect your sensitive information, you may be eligible for financial compensation through a data breach lawsuit.

What Are Consumers’ Remedies in the Wake of the Labette Health Data Breach?

When customers decided to do business with Labette Health, they assumed that the company would take their privacy concerns seriously. And it goes without saying that consumers would think twice before giving a company access to their information if they knew it wasn’t going to be secure. Thus, data breaches such as this one raise questions about the adequacy of a company’s data security system.

When a business, government entity, non-profit organization, school, or any other organization accepts and stores consumer data, it also accepts a legal obligation to ensure this information remains private. The United States data breach laws allow consumers to pursue civil data breach claims against organizations that fail to protect their information.

Of course, given the recency of the Labette Health data breach, the investigation into the incident is still in its early stages. And, as of right now, there is not yet any evidence suggesting Labette Health is legally responsible for the breach. However, that could change as additional information about the breach and its causes is revealed.

If you have questions about your ability to bring a data breach class action lawsuit against Labette Health, reach out to a data breach attorney as soon as possible.

What Should You Do if You Receive a Labette Health Data Breach Notification?

If Labette Health sends you a data breach notification letter, you are among those whose information was compromised in the recent breach. While this isn’t a time to panic, the situation warrants your attention. Below are a few important steps you can take to protect yourself from identity theft and other fraudulent activity:

Identify What Information Was Compromised: The first thing to do after learning of a data breach is to carefully review the data breach letter sent. The letter will tell you what information of yours was accessible to the unauthorized party. Be sure to make a copy of the letter and keep it for your records. If you have trouble understanding the letter or what steps you can take to protect yourself, a data breach lawyer can help.

Limit Future Access to Your Accounts: Once you determine what information of yours was affected by the breach, the safest play is to assume that the hacker orchestrating the attack stole your data. While this may not be the case, it’s better to be safe than sorry. To prevent future access to your accounts, you should change all passwords and security questions for any online account. This includes online banking accounts, credit card accounts, online shopping accounts, and any other account containing your personal information. You should also consider changing your social media account passwords and setting up multi-factor authentication where it is available.

Protect Your Credit and Your Financial Accounts: After a data breach, companies often provide affected parties with free credit monitoring services. Signing up for the free credit monitoring offers some significant protections and doesn’t impact any of your rights to pursue a data breach lawsuit against the company if it turns out they were legally responsible for the breach. You should contact a credit bureau to request a copy of your credit report—even if you do not notice any signs of fraud or unauthorized activity. Adding a fraud alert to your account will provide you with additional protection.

Consider Implementing a Credit Freeze: A credit freeze prevents anyone from accessing your credit report. Credit freezes are free and stay in effect until you remove them. Once a credit freeze is in place, you can temporarily lift the freeze if you need to apply for any type of credit. While placing a credit freeze on your accounts may seem like overkill, given the risks involved, it’s justified. According to the Identity Theft Resource Center (“ITRC”), placing a credit freeze on your account is the “single most effective way to prevent a new credit/financial account from being opened.” However, just 3% of data breach victims place a freeze on their accounts.

Regularly Monitor Your Credit Report and Financial Accounts: Protecting yourself in the wake of a data breach requires an ongoing effort on your part. You should regularly check your credit report and all financial account statements, looking for any signs of unauthorized activity or fraud. You should also call your banks and credit card companies to report the fact that your information was compromised in a data breach.

Below is a copy of the security breach notice posted on the Labette Health website:

Dear [Consumer],

Labette Health is committed to maintaining the privacy and security of the information that it maintains. Labette Health recently experienced a data security incident impacting the personal information of patients and staff.

Upon learning of this issue, Labette Health immediately took steps to secure its network and mitigate against any additional harm. Labette Health also immediately launched an investigation in consultation with outside cybersecurity professionals who regularly investigate and analyze these types of situations to determine whether any sensitive data had been compromised as a result of the incident. Labette Health’s investigation determined that unauthorized individual(s) potentially accessed and acquired information from portions of its network between October 15, 2021 and October 24, 2021. On February 11, 2022, following an extensive review and analysis of the data at issue, Labette Health determined that certain files and folders that may have been accessed or acquired contained identifiable personal and/or protected health information of employees and certain patients who received services from Labette Health, including the individuals’ full name and one or more of the following (to the extent it resided on Labette Health’s system): Social Security number, medical treatment and diagnosis information, treatment costs, dates of service, prescription information, Medicare or Medicaid number, and/or health insurance information. This incident does not affect all patients of Labette Health and Labette Health does not necessarily maintain all of the information listed above for all patients.

Labette Health has no evidence to suggest that any information has been misused. However, out of an abundance of caution, on March 11, 2022, Labette Health sent written notification to anyone whose information may have contained in the impacted files and folders and for whom it had enough information to determine a physical address. Notified individuals have been provided with best practices to protect their information and have been reminded to remain vigilant in reviewing financial account statements on a regular basis for any fraudulent activity. It has also been recommended that affected individuals review the explanation of benefits statements that they receive from their health insurance providers and follow up on any items not recognized. For the individuals whose Social Security numbers were impacted, complimentary credit monitoring was offered.

The security of the personal information in its possession is Labette Health’s top priority. In response to this incident, Labette Health has strengthened its network and implemented additional security improvements recommended by third-party cyber security experts. These include resetting account passwords and strengthening its password security policies, implementing multi-factor authentication for network access, upgrading its endpoint detection software, and coordinating additional employee training related to network security and threat detection.