Notice of Data Incident
August 1, 2023

Dear Patients:
We post this Notice pursuant to the United States Health Insurance Portability and Accountability Act (“HIPAA”) to inform you about a data incident involving an unauthorized release of patient Protected Health Information (“PHI”), as that is defined by HIPAA, at Gary Motykie, M.D., a Medical Corporation and Gary Motykie, M.D. (“Practice”), a covered entity under HIPAA.

PHI, as defined by HIPAA, is information that is “created, received, maintained, or transmitted by or on behalf of the health care component of the Covered Entity.” § 164.105 (a)(2)(i)(D). Information that is created or received by a Covered Entity and that relates to the past, present, or future physical or mental health or condition of an individual; or the past, present, or future payment for the provision of healthcare to an individual is considered PHI. PHI is required to be protected when transmitted or maintained in any form by a Covered Entity. Individual identifiers (including but not limited to name, address, telephone number, fax, email address, social security number, medical record number, etc.) maintained in a designated record set along with health information (including but not limited to x-rays, images, scans, physician notes, diagnoses, treatment, eligibility approvals, claims, remittances, etc.) are collectively considered PHI.

Event Description:
On or about June 6, 2023, an initial technical analysis of the Practice’s information technology network determined an unauthorized release of PHI occurred to an unknown third party. The initial analysis determined that the unknown third party accessed the Practice’s network. It was further determined that the unknown third party acquired some of the Practice’s patient’s unencrypted PHI and that party was not authorized to do so and did so in an unlawful manner.

The information that may have been accessed or acquired during this unauthorized access included:

  • First and last name 
  • Social Security Number (if provided)
  • Address
  • Driver’s license or identification card number
  • Financial account or payment card number, in combination with any required CVV code
  • Intake forms, which may include medical information and history
  • Images taken in connection with the services rendered at our office
  • Health insurance information (if provided)
Steps Taken to Address:
Upon discovery, the Practice took the following immediate steps to address the situation:
  • Computers and servers replaced
  • Network passwords changed
  • Endpoint detection, virus, and malware detection tools and software installed on workstations and server
  • Limitations concerning Internet access
  • Access controls put in place for users based on role and responsibility
  • Server policies in place
  • Device locking mechanisms
  • Multi factor authentication enabled
  • Network segregation efforts
  • Encryption of devices
  • Additional workforce training
Risk Assessment:

The Practice conducted a risk assessment to evaluate the potential harm to potentially impacted individuals. Based on that assessment, it is determined that there is a high risk of harm. It is essential for potentially impacted individuals to remain vigilant in monitoring their personal accounts and data and promptly report any suspicious activity to law enforcement or their financial institutions.

Assistance and Resources:
Starting on or about June 22, 2023, letters were mailed to patients providing the following resources to assist the potentially impacted individuals, offering at no cost:
  • two (2) years of no cost Triple Bureau Credit Monitoring/Triple Bureau Credit Report/Triple Bureau Credit Score/Cyber Monitoring services.
  • the services also include reviewing whether Information appears on the dark web and alert the individual if such Information is found online.
  • proactive fraud assistance to help with any questions in event a potentially impacted persons becomes a victim of fraud.

Steps to Prevent Future Incidents: We deeply regret any inconvenience or concern this Incident may cause. The Practice is taking numerous steps to help prevent similar Incidents in the future. We will continue to review and enhance our security measures, policies, and employee training.

If you failed to receive your letter in the mail, and/or if there is a concern your mailing address has changed since you were a patient at the Practice, please contact 1-800-405-6108 or call our office immediately at 310-246-2355 from 9:00 am to 5:00 pm Pacific time, Monday through Friday.

Revision Liposuction

Revision liposuction is a surgical procedure used to correct irregularities and/or undesirable end results from prior liposuction surgery. Typically, revision liposuction is performed no fewer than six months after the initial liposuction procedure. Revision liposuction procedures are even more challenging than the initial liposuction procedure because they require more aesthetic finesse in terms of perfecting contour irregularities not obtained during the first surgery. Most commonly, patients seek revision liposuction because a prior surgery removed either too much or too little fat. Liposuction, like many other cosmetic surgery procedures, is extremely “operator dependent” which means a great deal of the result depends on the skills, judgment and experience of the particular surgeon.

I have performed revision liposuction on patients from all around the globe, and I have found that the main determining factor of the amount of correction possible depends on where the damage was done; superficial or deep.  Damage done to the superficial fatty layer is much more difficult to correct than contour deformities created in the deeper fatty layer.  If the damage is found to be in the superficial fatty layer, revision liposuction alone will usually not suffice in correcting the underlying skin problem. These types of deformities will usually require a skin tightening procedure performed in tandem with the corrective liposuction procedure. If the problem is found to be in the deeper fatty layer it is usually entirely fixable with liposuction and/or fat grafting alone. In the deeper fatty layer, there can be two types of resulting deformities: bulges from too much fat being left behind and indentions where too much fat was removed. In general, the bulges can be removed with additional liposuction and the visible contour deformities (i.e. dents) can be filled with fat grafting.

Since liposuction does not employ a magic wand that prevents you from gaining weight in the future, the cause of the post-operative contour deformities must be determined prior to performing any revision liposuction. True areas of “incomplete” liposuction must be distinguished from areas of simple post-operative weight gain. Although it may be more difficult to gain weight after surgery in the areas where liposuction was performed, it is still entirely possible to store more fat in these areas if one does not engage in a proper diet and exercise programs after the surgery. Remember, liposuction decreases the overall concentration of fat cells in a given area, but the remaining fat cells can still increase in size by storing more and more fat, thereby partially recreating your original trouble area. Liposuction is not meant to be a free pass to eat everything you want after surgery because your body can continue to grow and expand with over-eating.

To find out more about liposuction please contact us at 310-246-2355

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