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.


Dr. Motykie on The Doctor’s TV Show: What You Need to Know About Your Breast Implants – Warranties, News & FAQ’s

Breast implant surgery is the second-most popular cosmetic surgery procedure in the US today after liposuction. Breast implants qualities have improved dramatically over the years following the FDA approvals, surgical techniques have become advanced, and overall success rates are very high.

However, a breast augmentation patient will typically need to replace the implants once or more during her lifetime. The implant may get damaged or develop other complications due to a variety of reasons, which makes it necessary to remove or replace it with breast revision surgery.

Case of Darlene, Pleasanton, CA

Darlene, 47, had received saline breast implants nine years ago, when she suffered an implant rupture in 2012. She was in extreme pain, and rushed to her plastic surgeon who refused to treat her unless she agreed to pay for the breast revision procedure. Being a single parent with no spare money at her disposal at that time, Darlene was caught in a sudden health crisis, and writhed in unbearable pain.

After meeting Dr. Gary Motykie via The Doctor’s TV Show, she decided to ask him for help. Dr. Motykie received Darlene with compassion, and explained to her the critical importance of knowing about the quality of her implants, and the status of warranties on implants.

Dr. Motykie surprised Darlene with his willingness to provide her a breast revision surgery free of charge. Following the procedure, he discussed with Darlene about the importance of breast implant warranties so that in the future she would be more aware in the event of a health emergency involving her implants.

Why do Breast Implant Warranties Matter?

Breast implants are available in two primary types: saline and silicone gel implants. The outer shell of the implants in both cases is made of a firm silicone material. One of the challenges with breast implants is that one or both implants may get damaged or ruptured at some point, or develop a condition called capsular contracture at some point of time in the future.

The precise causes for this condition remain unknown, but it usually requires implant replacement. In some cases, the implant may become misaligned or mal-positioned, if not damaged. The only way to correct this condition is to have the breast implants removed or replaced with new implants, which involves breast revisions surgery. Sometimes the patient may require a voluntary replacement of implants due to a change in aesthetic preferences.

With an adequate implant warranty, the patient is secure about the future option of getting breast implants replaced without having to pay for them again. Most implant manufacturers offer warranties with minor variations in their terms and conditions.

Warranty Update from Mentor Breast Implants

Mentor has recently updated their breast implant warranties, which patients should know about. The old warranty covered only a rupture with lifetime replacement and 10 years of $3,500 financial assistance. Now Mentor has added a capsular contracture warranty to all gel implants (round, shaped, smooth, and textured) for capsular contracture, late Seroma or double capsule.

Standard Warranty: $0 charge to patient

3-year warranty for capsular contracture (Bake Grade III/IV), late seroma and double capsule: Mentor will provide two free replacement implants for these patients (the affected side and the contralateral side).

Enhanced Warranty: $200 Charge to Patient (payment within 45 days of surgery)

10 year warranty for capsular contracture (Bake Grade III/IV), late seroma and double capsule: Mentor will provide two free implants for these patients in addition to up to $3,500 of financial assistance.

Dr. Motykie on The Doctor’s TV Show: What You Need to Know About Your Breast Implants – Warranties, News & FAQ’s

To see more services and treatments provided by Plastic Surgeon, Dr. Motykie in Beverly Hills | Los Angeles | West Hollywood and his team please visit:

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