Penalty Amount
$935,000
Aetna Inc. settled with the California Attorney General for $935,000 over allegations that it revealed the HIV status of 1,991 Californians through a mailing error where medication information was visible through envelope windows. The settlement requires Aetna to implement improved mailing procedures and conduct annual privacy assessments. This action enforces health privacy laws and protects sensitive medical information.
Aetna must implement and maintain specific mailing procedures to ensure medical information is not visible through envelope windows, designate an employee responsible for privacy compliance, and complete annual privacy risk assessments for three years.
In-house legal teams should review all agreements involving the handling of sensitive health information, such as vendor contracts for mailing services, customer membership agreements, employee confidentiality agreements, and data processing addendums. Key clauses to scrutinize include confidentiality provisions, data security measures, mailing and disclosure protocols, and requirements for privacy assessments. Based on the settlement, contracts may need amendments to enforce secure mailing procedures to prevent visible information through envelopes, mandate annual privacy assessments, and ensure compliance with health privacy laws like the Confidentiality of Medical Information Act. Additionally, breach notification clauses should be updated to cover such disclosure errors, and data retention schedules should align with legal requirements for medical data.
Entity
Aetna Inc.
Also known as: Aetna
Industry
HealthcareOfficial Press Release
aetna complaint filed january 30 2019
https://oag.ca.gov/system/files/attachments/press-docs/aetna-complaint-filed-january-30-2019.pdf
aetna proposed final judgment and permanent injunction filed
https://oag.ca.gov/system/files/attachments/press-docs/aetna-proposed-final-judgment-and-permanent-injunction-filed-january-30-2019.pdf
California Attorney General Enforcement Page
https://oag.ca.gov/privacy/privacy-enforcement-actions
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$12.8M
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