INDIANA – Attorney General Todd Rokita is filing a lawsuit on behalf of the people of Indiana against Apria Healthcare LLC for a massive data breach that impacted at least 42,000 Hoosiers and 1.8 million people nationwide.
Apria provides home healthcare equipment and related services across the United States. Apria offers medical equipment for over 2 million patients across 270 locations, including Indiana.
“Patients should be able to trust their medical providers at all times,” Attorney General Rokita said. “All Hoosier patients deserve their privacy, especially regarding medical care.”
On September 1, 2021, the FBI notified Apria that an unauthorized third party was likely able to access their system. The intruder accessed millions of documents containing protected health and other personal information. Further, the intruder accessed several Apria employee email accounts, including Apria’s CEO.
Apria failed to notify patients about the 2019 and 2021 data breaches until May 2023 – 629 days after the breaches were discovered. Apria’s delayed notification and actions resulted in alleged HIPAA and Indiana law violations.
“Everyone should feel protected by their health care providers,” Attorney General Rokita said. “When your private information is accessible or leaked to a stranger, you’re susceptible to life-altering threats, such as identity theft and financial ruin. Our office has adamantly fought against careless companies disregarding major cybersecurity threats.”
Apria allegedly concealed the data breach from its consumers and failed to implement HIPAA policies and procedures. Due to a lack of security and technical safeguards, the unwelcome third party could access personal health information and personally identifiable information, such as Social Security Numbers, birth certificates, credit and debit card information, medical histories, addresses, and other identifiable information.
Apria’s notification to patients and consumers was extraordinarily delayed and unreasonable. With this extreme delay, Apria significantly increased the chance of a Hoosier becoming the victim of identity deception, theft, or fraud.
Apria’s parent company, Owens and Minor, allegedly knew about the breaches when it purchased Apria in March 2022.
The lawsuit consists of the following five counts against Apria:
- Violations of HIPAA’s Notification Rule
- Violations of HIPAA’s Security Rule
- Violations of HIPAA’s Privacy Rule
- Violations of the Disclosure of Security Breach Act
- Violations of Indiana Deceptive Consumer Sales Act
The complaint is listed below.
