Re: Notice of an Incident Involving Patient Health Information

Kindred Healthcare, d/b/a Kindred at Home, Gentiva Health Services, Inc., Kindred Systems, Inc., Gentiva Health Services (Certified), Inc., and Senior Home Care, Inc., (collectively, “Kindred”) is committed to providing quality care, including protecting patient health information. It is important to us that you are made aware of a potential privacy issue relating to your care or possible care by Kindred. In connection with ongoing litigation, litigants adverse to Kindred were in possession of certain patient health information belonging to Kindred. These litigants and their counsel took actions, including fully incorporating such information—without redaction—into court documents, that resulted in such information being publicly accessible through the U.S. District Court for the Middle District of Florida for a short period of time. It is believed that the patient health information was accessible through the clerk of the court’s case management system from April 5, 2018 until April 9, 2018. The exposure was discovered by Kindred on April 8, 2018. To access the health information, an individual would either have to request the specific court documents from the court or view the documents from the court's online portal, which requires registration. The number of persons who accessed the information is presently unknown. On May 21, 2018, Kindred mailed notification letters to affected individuals. Appropriate regulatory authorities are being notified, in accordance with applicable law.

The information contained in the court documents included medical records with patient identifying information, which may include dates of birth, Social Security numbers, home addresses, phone numbers, plans of care, medications and diagnoses, and mental health information.

While this incident was not attributable to any acts or omissions of Kindred, Kindred continues to work with the litigants and the court to ensure that the court records containing the health information are permanently sealed from public view or otherwise appropriately protected. In addition, Kindred is taking administrative steps to ensure that other protected health information is not being misused in connection with the litigation.

While we are not aware of any fraudulent use of information, there are steps you may take to protect against possible identity theft. You may contact the credit bureaus listed below and place a fraud alert or run a credit report to ensure accounts have not been activated without permission.

  • Experian: (888) 397-3742 or www.experian.com
  • TransUnion: (877) 322-8228 or www.transunion.com
  • Equifax: (888) 202-4025 or www.equifax.com

You should remain vigilant against identity theft and fraud, review relevant accounts, medical claims, and health care statements, including explanations of benefits, over the next 12 to 24 months, and monitor credit reports for suspicious activity. We suggest requesting a copy of explanation of benefits statements from your health care provider and contacting them or your health plan if you see anything suspicious. Immediately report suspicious activity on your credit reports or other statements to your bank, credit union, local police, sheriff, and state Attorney General and file a report of identity theft. Get a copy of the police report to give to creditors to clear up records and access free services for identity theft victims.

You may place a security freeze on your credit report, which prohibits a credit bureau from releasing credit report information without your written authorization. This may delay, interfere with, or prevent the timely approval of your requests for new loans, credit mortgages, employment, housing, or other services. If you are an identity theft victim and give the credit bureau a valid police report, placing, listing, or removing a security freeze is free. In all other cases, a credit bureau may charge a fee to place, temporarily lift, or permanently remove a security freeze. To place a security freeze, send a written request to each of these consumer reporting agencies: Equifax (www.equifax.com); Experian (www.experian.com); and TransUnion (www.transunion.com) by regular, certified or overnight mail.

You can educate yourself regarding identity theft, fraud alerts, security freezes, and steps to protect yourself by contacting your state Attorney General, the consumer reporting agencies (as noted above), or the Federal Trade Commission (600 Pennsylvania Avenue NW, Washington, DC 20580, www.identitytheft.gov, 1-877-ID-THEFT (1-877-438-4338); TTY: 1-866-653-4261). The Federal Trade Commission encourages those whose information has been misused to file a complaint with them. Known or suspected identity theft should be reported to law enforcement or your state Attorney General. This notice was not delayed by law enforcement.

As a measure of added security, we are offering one year of credit monitoring services at no cost to certain affected individuals. This service watches for and reports unusual credit activities that could indicate identity theft. This program is provided by Intersections Inc., a leading provider of consumer and corporate identity risk management services.

For additional information, and to see if you are eligible for and to take advantage of the free credit monitoring services, please contact us at (502) 596-7408, toll free at (800) 545-0749, or by email at: courtney.coslow@kindred.com.