The American Society of Anesthesiologists has filed a motion requesting permission to file an amicus curiae brief in an ongoing lawsuit against Change Healthcare, according to an ASA statement shared with Becker’s July 2.
The case surrounds Change Healthcare’s responsibility to safeguard medical claims, patient records and other sensitive medical information. Change Healthcare, a subsidiary of UnitedHealthcare, is the largest clearinghouse for medical claims in the U.S., processing nearly 15 billion transactions annually and interacting with 1 in 3 patient records.
In February 2024, the Russian ransomware group ALPHV, also known as BlackCat, launched a crippling cyberattack on Change Healthcare, encrypting and disabling large portions of its operations.
According to the statement, Change Healthcare argues that they have “no obligation” to safeguard this data against cyberattacks. ASA’s brief contends that Change Healthcare’s argument is inconsistent with basic tort law, claiming that if Change’s conduct created a risk to patients’ private data, then it is obligated to “exercise reasonable care” for that data.
“That Change Healthcare can actually claim they have no responsibility to safeguard sensitive personal and medical information for billions of transactions simply defies reason,” said ASA President Donald Arnold, MD, in the statement. “Everyday health care providers and institutions provide this information to Change Healthcare to process medical claims, with the understanding that they will keep that information safe.”
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