DataBreaches.Net

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

21 months after a ransomware attack, a business associate breach first shows up on HHS’s breach tool. Here’s why.

Posted on March 16, 2021 by Dissent

HIPAA Journal reports on an incident that is illustrative of the challenges entities may face in the wake of a ransomware attack — determining whether a breach is a reportable incident or not. It also illustrates what may happen if an entity decides something is not a reportable breach but further investigation by the U.S. Department of Health & Human Services Office for Civil Rights (OCR) suggests otherwise.

In this case, Metro Presort in Oregon experienced a ransomware attack in May, 2019. They reportedly contained it relatively quickly and recovered from it, reportedly refusing to pay the ransom demanded by Ryuk threat actors. Metro did not report it as a reportable breach under HIPAA because the ePHI on their system was already encrypted (by them) prior to the attack, so the threat actors should not have been able to access any unencrypted ePHI.

Their investigation had found no evidence that any ePHI had been accessed, exfiltrated, or misused. But reinvestigation in October 2020 raised some doubts that  the ePHI had been encrypted before the attack.  In its November 2020 web notice, Metro Presort does not explain why they reinvestigated in October 2020, but an update in that statement suggests that they reinvestigated at OCR’s instigation:

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), which is the federal agency responsible for enforcing the federal health information privacy law known as HIPAA, investigated the incident, MPI’s response, and MPI’s data privacy and security practices. On December 31, 2020, OCR issued a ruling finding no violations of HIPAA and closing its investigation.

HIPAA Journal reports:

The incident has recently appeared on the HHS’ Office for Civil Rights website stating the PHI of up to 38,387 individuals may have been compromised.

But what does that number represent? In January of this year, two of Metro Presort’s clients had disclosed the number of their patients who had been impacted: Salem Clinic reported 20,908 patients were affected, and Oregon Heart Center reported 3,172 patients were impacted. Did Metro Presort’s report to HHS include those approximately 24,000 patients, or is their reported number in addition to them? At the time of the Ryuk ransomware incident, Metro Presort was reportedly providing business associate mailing services to 21 healthcare organizations.

DataBreaches.net sent an inquiry to Metro Presort asking for clarification on the number reported to HHS, i.e., whether it was all inclusive, but has received no reply by the time of this publication. This post will be updated when a reply is received.


Related:

  • ModMed revealed they were victims of a cyberattack in July. Then some data showed up for sale.
  • Confidence in ransomware recovery is high but actual success rates remain low
  • Protected health information of 462,000 members of Blue Cross Blue Shield of Montana involved in Conduent data breach
  • Resource: NY DFS Issues New Cybersecurity Guidance to Address Risks Associated with the Use of Third-Party Service Providers
  • TX: Kaufman County Faces Cybersecurity Attack: Courthouse Computer Operations Disrupted
  • Bombay High Court Orders Department of Telecommunications to Block Medusa Accounts After Generali Insurance Data Breach
Category: Breach IncidentsCommentaries and AnalysesHIPAAMalwareU.S.

Post navigation

← MI: Troy School District website down after hacking from outside U.S., leaders say
The Metropolitan Area of ​​Barcelona hit by ransomware →

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

  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says

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

  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation

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.