Electronic health records (EHRs) have become the standard for documenting and sharing patient information in the healthcare industry. While EHRs offer many benefits, including improved efficiency and care coordination, they also introduce significant data security risks that can lead to devastating medical data breaches.
Data breaches involving electronic health records have become increasingly common in recent years. According to the HIPAA Journal, healthcare data breaches involving 500 or more records increased by 84% from 2018 to 2021, with EHR breaches accounting for a significant portion of these incidents.
Once again, data breaches surged in 2022, with the OCR documenting 720 breaches involving 500 or more records. This continued in 2023, which set new records for the most reported breaches and the highest number of compromised records. Throughout the year, a staggering 725 breaches were reported to the Office for Civil Rights (OCR), resulting in over 133 patient million records being exposed or improperly disclosed. These breaches can occur due to hacking, malware, unauthorized access, or improper disposal of EHR data. Regardless of the cause, the sensitive nature of the information contained in EHRs makes them a prime target for cybercriminals.
Several common security weaknesses can make EHR systems vulnerable to breaches:
- Lack of encryption for data at rest and in transit
- Insecure user authentication and access controls
- Outdated or unpatched software and operating systems
- Inadequate network segmentation and firewalls
- Inconsistent security policies and employee training
Compounding these technical vulnerabilities are the challenges of balancing data security with accessibility for authorized healthcare providers. Insider threats posed by negligent or malicious employees with access to EHR systems also contribute to the risk of breaches.
When an EHR breach occurs, highly sensitive patient information may be exposed or stolen, including:
- Names, addresses, and dates of birth
- Social Security numbers and financial information
- Medical histories, diagnoses, and treatment details
- Prescription and medication information
- Health insurance policy numbers
Criminals can use this data to commit medical identity theft, submitting fraudulent insurance claims or obtaining medical services under the victim's name. EHR breaches can also lead to HIPAA violations for the healthcare provider and erode patient trust.
Under HIPAA regulations, healthcare providers have a legal obligation to implement appropriate protocols to protect patient EHR data. This includes conducting risk assessments, implementing security policies and controls, and providing employee training.
Failure to comply with HIPAA requirements can result in significant financial penalties. Healthcare providers may also face civil lawsuits from patients harmed by preventable EHR breaches. In some cases, patients may band together in class action lawsuits to hold negligent providers accountable.
If you receive notice that your electronic health records were exposed in a data breach, take these important steps to protect yourself:
If you've been impacted by an EHR-related data breach, contact the data breach lawyers at Console & Associates, P.C. We offer free case evaluations to help you understand your rights and determine if you may be entitled to compensation through a class action lawsuit.