HMG Healthcare has posted a notice of a data breach on its website, but most people are unlikely to notice the substitute notice because of the way it has been presented. If the purpose of a substitute notice under HIPAA is to reach people the covered entity may not have sufficient or current contact information for, then burying the notice on the very bottom of the homepage and calling it a “privacy update” as if it is an update to the privacy policy is misleading at best.
HMG’s substitute notice states that
in November 2023, HMG became aware of a data breach of personal health information related to residents and employees at HMG affiliated nursing facilities. We are notifying affected individuals and/or their responsible parties that during August 2023, a server containing your or a loved one’s information was accessed without authorization and the records were potentially compromised.
The incident involved hackers gaining access to our server and stealing unencrypted files. Files on the server likely contained medical records and personal information, including names, dates of birth, contact information, general health information, information regarding medical treatment, social security numbers and/or employment records.
Somewhat curiously, HMG also writes:
HMG quickly identified this breach and took steps to investigate the incident fully, mitigate any potential harm to you and/or your loved one, and protect against any further breaches. HMG worked diligently to ensure that the stolen files were not further shared by the hackers to other sources. HMG attempted to identify the specific data that was compromised but we have now determined that such identification is not feasible.
Why wasn’t it feasible to determine what data was compromised? Did HMG have logs or were the threat actors able to evade or disable the logging?
We have reviewed our policies and procedures regarding safeguards to ensure the security and integrity of electronic health information and have increased our data security protocols. While we believe that the breach has been mitigated, you can take steps to protect yourself or loved one by monitoring account statements, explanations of benefits, and credit bureau reports closely. You may also review the Additional Information provided below as a resource.
We sincerely apologize for any inconvenience and concern this incident causes you. HMG will continue to do everything we can to correct this situation and improve our protections for you and others going forward. You may contact us directly at 281-419-5520 or at the address provided below with any questions. You may also view the list of facilities impacted below.
Sincerely,
Derek Prince
Chief Executive Officer & Managing Partner
HMG Healthcare, LLC
The additional information they provide on the website does not make any mention of offering those affected any complimentary (free) monitoring or identity theft restoration services.
According to the firm’s substitute notice, the HMG Healthcare data breach impacted patients and employees at the following facilities:
- Accel at College Station
- Arbor Court Retirement Community at Alvamar (Independent Living)
- Arbor Court Retirement Community at Salina (Independent Living)
- Arbor Court Retirement Community at Topeka (Independent Living)
- Arbrook Plaza
- Cimarron Place Health & Rehabilitation Center
- Crowley Nursing and Rehabilitation
- Deerbrook Skilled Nursing & Rehab
- Forum Parkway Health & Rehabilitation
- Friendship Haven Healthcare & Rehab Center
- Green Oaks Nursing and Rehabilitation
- Gulf Pointe Plaza
- Gulf Pointe Village (Assisted Living Only)
- Harbor Lakes Nursing and Rehabilitation Center
- Hewitt Nursing and Rehabilitation
- Holland Lake Rehabilitation and Wellness Center
- Lone Star Rehabilitation and Wellness Center
- Methodist Transitional Care Center
- Mission Nursing and Rehabilitation Center
- Northgate Plaza (Legacy)
- Park Manor of BeeCave (Legacy)
- Park Manor of Conroe
- Park Manor of CyFair
- Park Manor of Cypress Station
- Park Manor of Humble
- Park Manor of Mckinney (Legacy)
- Park Manor of Quail Valley
- Park Manor of South Belt
- Park Manor of The Woodlands
- Park Manor of Tomball
- Park Manor of Westchase
- Pecan Bayou Nursing and Rehabilitation
- Red Oak Health and Rehabilitation Center
- Silver Spring Health & Rehabilitation Center
- Smoky Hill Health and Rehabilitation
- Stallings Court Nursing and Rehabilitation
- Stonegate Nursing and Rehabilitation
- Tanglewood Health and Rehabilitation
- Treviso Transitional Care
- Willowbrook Nursing Center
The incident does not (yet) appear on HHS’s public breach tool so we do not know the number of patients affected, but HMG’s submission to the Texas Attorney General’s Office on January 8 indicates that 75,000 Texan employees and residents were affected by the incident. HMG also has several facilities in Kansas that are included in the list of affected facilities.