Covenant Care Data Breach Investigation

The Lyon Firm is actively involved in class action personal privacy and data theft cases and is currently investigating Covenant Care data breach claims on behalf of plaintiffs in California and nationwide.

Covenant Care California, LLC has begun sending out notice of a recent data breach that allegedly involved sensitive personal information and protected health information belonging to a large number of patients who received services from Covenant Care or a facility operated by the health system.

Health Care Companies Potentially Impacted by Phishing Attack

• Focus Health
• RehabFocus Home Health
• Elevate Health Group
• Choice Home Health
• San Diego Home Health

Covenant Care, based in Aliso Viejo, California, operates skilled nursing and residential care facilities in California and Nevada. Covenant Care has grown to operate over 30 healthcare and rehabilitation centers and employs over 8,000 healthcare professionals and cares for 4,000 residents and patients in its facilities.

Covenant Care rehabilitation centers include Wagner Heights Nursing and Rehabilitation Center and Silver Hills Health Care Center.

WHAT HAPPENED?

Back in February 2022, Covenant Care discovered a data breach in which the sensitive personal information and protected health insurance information it is systems may have been accessed. In May, Covenant Care began notifying individuals whose information may have been impacted, and more recently filed additional data breach notifications with various state governments signifying that more impacted individuals likely needed notification.

The type of information that may have been compromised includes:

• Name
• Social Security number
• Driver’s license number
• Date of birth
• Medical information
• Health insurance information

Joe Lyon is a highly-rated data breach lawyer and Privacy Attorney representing plaintiffs nationwide in class action security breach lawsuits.

Can You Sue following the Covenant Data Breach?

Entities that collect and store data have a duty to protect personal information to the best of their ability. When they are negligent, and a data theft incident occurs, they may be liable for the following:

• Improperly monitoring data security systems for existing intrusions
• Not ensuring that vendors with access to computer systems and data employ reasonable security procedures
• Improperly training employees in handling emails containing personal data and maintain adequate email security practices
• Failure to implement technical policies and procedures to allow electronic data access only to individuals or software programs granted access rights
• Failure to implement procedures to review records of information system activity regularly, such as audit logs, access reports and security incident tracking reports
• Improperly protecting against reasonably anticipated threats or hazards to the security or integrity of stored data

An experienced class action privacy attorney can determine if you are eligible to file a data breach lawsuit or join a class of plaintiffs. Lawyers investigating the matter can assist in determining the following:

• Did Covenant Care fail to adopt security safeguards that would have prevented a breach?
• Did Covenant Care notify customers as soon as it learned of the incident?
• Did Covenant Care provide a complete list of all individuals impacted?
• Did Covenant  provide security in line with industry standards?

The HIPAA Breach Notification Rule calls for data breach notifications to be issued to the Secretary of the Health and Human Services “without unnecessary delay.” No later than 60 days after the date of discovery of a data breach, healthcare entities have a duty to alert the government and begin preparing to alert the public.

Consumer privacy attorneys say there has been a trend for HIPAA-regulated entities to wait as long as possible before alerting affected individuals, a practice that place consumers at a higher risk of identity theft and fraud.

In many cases, data breach notifications have been sent out many months after a security breach incident was detected. There may be valid reasons for a delay in reporting, though in some cases this institutes a severe disservice to those impacted by a data theft event.

Delays to individual data theft notifications could mean individuals’ Personal Health Information (PHI) has been in the hands of criminals for many months before they are even aware about the data theft.

Privacy lawyers claim promptly sending out individual data breach notification letters and being transparent about the fraud risk for individuals is not only ethical, but the only way to avoid stiff penalties.

The HHS has made it clear that if healthcare entities do not comply with the 60 day rule from the date of data breach discovery, they may be liable for notification violations.

What Should You Do Following the Covenant Care Data Breach?

Regardless of the reason for a security breach, victims have the right to file a claim against a company for failing to protect their information. All companies and organizations must exercise reasonable care in protecting patient information, and if they do not, they can be held liable for the damages that result, including identity theft.

Security breach plaintiffs and privacy attorneys representing plaintiffs have been able to settle multi-million dollar recoveries. If you or a loved one has received notice of an online security incident affecting you, or suspect signs of identity theft, contact a data theft lawyer for a free consultation.

Current or former patients at Covenant Care facilities:

We would like to speak with you about your privacy rights and potential legal remedies in response to this data security incident. Please fill out the contact form, below, or contact us by phone.

If you were impacted by a data breach, you may consider taking the following steps to protect your personal information:

• Review the breach notice you received and retain a copy
• Enroll in any free credit monitoring service provided by the breached company
• Change your passwords and security questions for related online accounts
• Review account statements and credit reports for signs of fraud or identity theft
• Contact a credit bureau to request a temporary fraud alert

Individuals can be ruined financially and emotionally, and deserve proper online security measures. But many companies and hospitals violate privacy laws and consumer rights, and thus face class action lawsuits.

After a data breach turns your life upside down, remember that you are not the only victim. There are millions of Americans who suffer from data privacy events every year, and in turn, seek legal action for compensation and to hold companies accountable for negligent security systems.

If you want more information on current data security litigation and how to file a data theft class action lawsuit, contact The Lyon Firm for a free and confidential Covenant Care data breach case review.