January 2023 Healthcare Breach Report

Each month, we review healthcare breaches posted on the Office for Civil Rights (OCR) online breach portal to determine the leading causes and how the incidents could have been prevented. The OCR publicly posts healthcare breaches that affected 500 or more individuals to ensure that all affected patients know their information could have been potentially compromised.

Based on the current numbers, January 2023 was a good month for the good guys as only 1,062,559 records containing patients’ protected health information (PHI) were breached, continuing a two-month downward trend. Hacking/IT incidents remained the cause of the most significant amount of PHI breached in January 2023, with more than 697,256 records.

In January 2023, there were 38 large-scale breaches reported, 30 of which affected healthcare providers. These 30 incidents compromised the PHI of 961,401 individuals, representing 90.5% of patients affected by the January incidents. 

Business associates reported four incidents that affected 74,574 patients, representing 7% of patients affected. 

Four health plans also reported incidents affecting 26,584 patients, representing 2.5% of affected patients. 

Hacking/IT incidents were responsible for 22 breaches reported in January 2023. There were 15 breaches caused by unauthorized access or disclosure of PHI, and one incident involving theft of PHI.

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January 2023 Healthcare Breaches and Hacking

Hacking continued its streak at the top of the list of causes of healthcare breaches in January 2023. The 22 hacking incidents reported in January affected the PHI of 697,256 patients. These 22 incidents represented 65.6% of all documented records breached during the month.

Entities affected by hacking:

  • 18 healthcare providers, 683,220 patients, 98% of patients affected by hacking
  • 2 business associates, 6,965 patients, 1% of patients affected by hacking
  • 2 health plans, 7,071 patients, 1% of patients affected by hacking

Types of hacking incidents:

  • 14 hacks of network servers 389,465 patients, 55.9% of patients affected by hacking
  • 6 email hacks, 208,912 patients, 30% of patients affected by hacking
  • 1 other cause, 48,879 patients, 7 % of patients affected by hacking
  • 1 desktop, 50,000 patients, 7.1% of patients affected by hacking

How to Prevent Hacking Incidents

As hacking incidents have become the leading cause behind healthcare breaches for several years, minimizing your risk of being targeted is crucial.

Security Risk Assessments and Remediation

Security risk assessments (SRAs) are vital for security and compliance. An SRA aims to identify weaknesses and vulnerabilities in your security practices to prepare yourself against potential threats. Once SRAs have been conducted, it is essential to create remediation plans to address any identified deficiencies.

Employee Cybersecurity Training

A significant portion of hacking incidents results from phishing emails. Employee cybersecurity training is essential to your organization’s overall security posture. Employees should be trained on recognizing phishing attempts and what to do if they suspect an incident has occurred.

January 2023 Healthcare Breaches and Unauthorized Access or Disclosure

Incidents of unauthorized access or disclosures of PHI can occur in two ways – an authorized employee accesses PHI inappropriately, or an unauthorized party gains access to PHI. January 2023 recorded 15 incidents of unauthorized access or disclosure of PHI. These incidents affected 362,629 patients, representing 34.1% of the breached records reported in January.

Entities affected by unauthorized access or disclosure:

  • 11 healthcare providers, 275,507 patients, 76% of patients affected by unauthorized access or disclosure 
  • 2 business associates, 67,609 patients, 18.6% of patients affected by unauthorized access or disclosure
  • 1 health plan, 19,513 patients, 5.4% of patients affected by unauthorized access or disclosure 

Types of unauthorized access or disclosure:

  • 4 electronic medical records incidents, 144,828 patients, 39.9% of patients affected by unauthorized access or disclosure
  • 4 network server and other incidents, 190,609 patients, 52.6% of patients affected by unauthorized access or disclosure
  • 1 email incident, 4,307 patients, 1.2% of patients affected by unauthorized access or disclosure
  • 2 paper/film, 3,067 patients, 0.8% of patients affected by unauthorized access or disclosure
  • 3 other causes, 17,288 patients, 4.8% of patients affected by unauthorized access or disclosure
  • 1 desktop computer, 2,530 patients, 0.7% of patients affected by unauthorized access or disclosure

How to Prevent Unauthorized Access or Disclosure

As we mentioned, there are two ways in which unauthorized access or disclosures occur – inappropriate employee access or unauthorized access by another entity.

Policies and Procedures and Employee Training

HIPAA policies and procedures are essential to HIPAA compliance as they guide employees on what is appropriate. HIPAA requires employee use and disclosure of PHI to be limited to the minimum necessary to perform their job functions. Your policies and procedures should dictate this, and employees should be trained on the policies and procedures to be aware of their obligations. 

User Authentication, Access Controls, and Audit Controls

To ensure adherence to the minimum necessary standard, you must implement user authentication, access controls, and audit controls. User authentication provides unique login credentials for each employee, while access controls enable administrators to designate different PHI access levels using those unique login credentials. Also, based on the implementation of unique login credentials, audit controls track access to data to ensure that PHI is accessed appropriately by each employee.

January 2023 Healthcare Breaches and Other Causes

In January 2023, one covered entity reported the theft of a portable electronic device to OCR that affected 2,674 individuals, representing 0.2% of the breached records reported in January.