Connecticut Attorney General William Tong urged residents to enroll in free credit monitoring and identity theft protection following the Change Healthcare cyberattack in February 2024, which exposed sensitive health data. The breach potentially impacted up to one-third of Americans, but Change Healthcare has failed to provide individual notice to affected consumers. The AG joined other attorneys general in April 2024 to demand that UnitedHealth Group take more meaningful action to protect those harmed.
In-house legal teams should immediately review all Business Associate Agreements (BAAs) under HIPAA and vendor contracts with Change Healthcare (or its parent UnitedHealth Group) where health data is processed, stored, or transmitted. Specific clauses to scrutinize include: data breach notification timelines and methods (given the failure to provide individual notice), indemnification provisions for breach-related liabilities, mandatory cybersecurity standards and incident response obligations, audit and oversight rights, and termination clauses for non-compliance. Contracts may need amendments to enforce stricter notification deadlines (e.g., within 72 hours), require provision of free credit monitoring for affected individuals, mandate enhanced security controls like encryption and multi-factor authentication, and clarify liability allocation for breaches involving protected health information.
Entity
Change Healthcare
Industry
Healthcare"Change Healthcare, a unit of UnitedHealth, is the nation’s biggest electronic data clearinghouse."
"Data breaches involving PHI are required to be reported to the U.S. Department of Health & Human Services - Office for Civil Rights (hhs.gov) by HIPAA-covered entities."
"The February cyberattack interrupted operations for thousands of doctors’ offices, hospitals, and pharmacies. It also resulted in Americans’ sensitive health and personal data being leaked onto the dark web - a hidden portion of the Internet where cyber criminals buy, sell, and track personal information."
"However, Change Healthcare has not yet provided individual notice to consumers."
"In April, Attorney General Tong joined other attorneys general in sending a letter to UnitedHealth Group, Inc. — the nation's largest health insurer and the parent company of Change Healthcare — urging the corporation to take more meaningful action to better protect providers, pharmacies, and patients harmed by the recent breach."
$29.6M
Attorney General Jennifer Davenport joined a coalition of 48 states and territories in a $29.6 million settlement with Glenmark, a generic drug manufacturer, for allegedly conspiring to artificially inflate and manipulate prices, reduce competition, and restrain trade for numerous generic prescription drugs. The settlement includes cooperation in ongoing litigations and internal reforms to ensure fair competition.
$29.6M
Attorney General William Tong led a coalition of 48 states and territories in a $29.6 million settlement with Glenmark, a generic drug manufacturer, to resolve allegations of a widespread conspiracy to artificially inflate prices, reduce competition, and unreasonably restrain trade for numerous generic prescription drugs. The settlement includes cooperation from Glenmark in ongoing multistate litigations and internal reforms to ensure fair competition and compliance with antitrust laws.
$18.0M
Attorney General William Tong led a coalition of 42 attorneys general in a settlement with the bankruptcy trustee for 23andMe, resolving allegations from a 2023 data breach that compromised the genetic data of 6.9 million customers. The settlement includes $150 million in allowed claims, with $18 million paid from bankruptcy funds, and requires enhanced data security measures for the new entity holding the data.
Attorney General William Tong joined a coalition of 12 attorneys general in suing to block the $110 billion acquisition of Warner Bros. Discovery, Inc. by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in theatrical film distribution and basic cable television licensing, which would harm consumers through higher prices and reduced quality.
Attorney General William Tong and 48 other attorneys general submitted comments to the FCC urging stronger rules to prevent scammers from accessing legitimate telephone numbers for illegal robocalls. The coalition is responding to the FCC's proposed rules and asks for measures such as stronger certification, reporting, and prohibitions on number cycling.
$45.0M
Attorney General Tong announced a $45 million multistate settlement with Block, Inc., the company behind Cash App, for misleading consumers about the safety of the platform, failing to protect users from fraud, and not providing promised fraud protection and resolution services. The settlement requires Block to implement major reforms including real customer support, transparent communications, and security commitments, and reaffirms Block's commitment to distribute between $75 million and $120 million to compensate consumers as part of a separate CFPB settlement.