Medical Data on Empire Blue Cross Members May Be Lost
By MILT FREUDENHEIM
WellPoint, one of the nation's largest health insurers, has begun notifying 75,000 members of its Empire Blue Cross and Blue Shield unit in New York that a compact disc holding their vital medical and other personal information had disappeared.
The information was on an unencrypted disc that a subcontractor recently sent to Magellan Behavioral Services, a company in Avon, Conn., that specializes in monitoring and coordinating mental health and substance abuse treatments for insurance companies.
Empire began notifying the affected consumers by mail on Saturday that their records -- including their names, Social Security numbers, health plan identification numbers and description of medical services back to 2003 -- had been lost.
The company says it will provide 12 months of free credit monitoring by Equifax Credit Watch for any of those health plan members who fear that they may fall victim to identity theft.
Before shipping the information to Magellan, the coding and passwords that protect the privacy of the information was removed by a Magellan subcontractor, Lisa Ann Greiner, an Empire spokeswoman, said yesterday.
Janlori Goldman, the director of the Health Privacy Center, a nonprofit organization in Washington, said the error was ``an egregious breach of privacy.'' She said that insurance companies were responsible under a federal privacy law for ensuring that their contractors use adequate security procedures.
Ms. Greiner said that the subcontractor, Health Data Management Services, worked for Magellan, not Empire. ``If any contract was breached, we are going to take direct action,'' she said.
She said that it was not yet known whether the disc had been lost or stolen. ``We are still working with the venders and U.P.S. to find the compact disc,'' Ms. Greiner said. ``We have no evidence that it was stolen or that members security has been breached.''
The loss, which was first reported to WellPoint's Empire unit on Feb. 9, was the second breach of security involving WellPoint member information in recent months.
In October, WellPoint learned that electronic backup tapes with information on 196,000 WellPoint members had been stolen from a data processor in Massachusetts operated by Concentra, a national data warehouse company.
Most of the 196,000 people in that case were Anthem Blue Cross and Blue Shield members in Kentucky, Indiana, Ohio and Virginia, according to WellPoint. Ms. Greiner said that data on Empire members had not been involved in the October theft, which has not been solved.
After a preliminary investigation to identify the members, Empire began notifying their New York employers last Saturday. Some companies relayed the information to all their employees, because they are not supposed to know who among their workers may be monitored by the behavioral services company.
Empire said that the members who had data on the disc should have received letters by the end of this week. The letters will include information on how to contact Equifax. (Empire members who want to know sooner whether their data was lost can call toll free 1-800-293-3443, between 8 a.m. and 7 p.m. Eastern Daylight Time.)
Magellan, for its part, said it was changing its procedures to eliminate sending information on compact discs by U.P.S., said Erin Somers, a Magellan spokeswoman. The data loss was ``the result of an error in judgment on both sides, by Magellan and Health Data Management Solutions,'' she said.
``As part of our process of ensuring this does not happen again,'' Ms. Somers said, the companies have adopted ``a procedure to transmit this information electronically through a secure network, eliminating the CD and using a delivery service.''
Copyright 2007 The New York Times Company
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