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.

Pre-Operative Period

Dr. Motykie will meet with you during your pre-operative appointment and he will take the time to answer any questions you may have about your surgery as well as to discuss your personal surgical plan in detail. Several different photographic views of your face will be taken during this visit for inclusion in your medical record. These photographs will also be used for reference during actual surgery as well as to show you the difference in your neck before and after surgery.

Your pre-operative examination will include assessment of the fat, skin and muscles of your neck. This assessment is critical in order to plan a surgery that can successfully produce a naturally appearing neck contour after surgery.  “Safety first” is Dr Motykie’s motto so you will be required to give a thorough medical history, undergo a complete physical examination and obtain certain laboratory tests in order to evaluate your general, overall health prior to any surgery. If you are on a weight-loss plan, it is best to be close to your target weight prior to having your surgery. Some patients ask if it is better to start and exercise and diet program before or after surgery; Dr. Motykie’s answer is always both. If you start your wellness program prior to your surgery your body will be in better health for surgery and if you have already begun a health and wellness program prior to surgery, it will be easier for you to resume that same lifestyle program after surgery.

You will also receive all of your post-operative instructions and prescriptions for medications to be taken during your post-operative course. It is advised that you fill these prescriptions prior to your surgical date and bring them with you on the day of your surgery. In this way you will have all of the medications you need prior to your surgery and any questions and/or concerns you may have can be addressed prior to your actual procedure. Included in these medications are pain medication and antibiotics. You will be instructed to avoid taking drugs containing aspirin, ibuprofen, blood thinning medication, anti-inflammatory drugs and any herbal supplements that are associated with an increased risk of bleeding during surgery. A complete list of medications, vitamins and herbs to avoid prior to your surgery will be given to you at you pre-operative appointment and it can also be downloaded by following this link(Medications to Avoid List).Depending on your health, you may be asked to take certain medications or adjust your current medications. Be prepared to discuss your use of any current medications, vitamins, herbal supplements, alcohol, tobacco and/or drugs.

If you smoke cigarettes, you absolutely must stop smoking well in advance of surgery. If you are a smoker, plan to quit at least two weeks prior to your surgery and not to resume smoking for at least two weeks after your surgery in order to avoid the increased risks of complications associated with smoking. It is absolutely imperative for smokers to follow these guidelines if they do not want to risk any healing complications after surgery. The nicotine in the cigarette smoke can causes the blood vessels necessary for proper healing to shrink which can lead to healing problems after surgery. It is also important to avoid sunlight exposure before and after your surgery because sunlight exposure can cause permanent darkening of post-operative bruising.

Guidelines on eating and drinking the night prior to surgery as well as everything you need to prepare and/or bring with you the day of surgery will also be explained and given to you in your pre-operative packet (Link to Pre-operative packet). Do not go on a stringent diet before or after surgery, as this can inhibit your ability to heal. If you develop a cold or infection of any kind prior to surgery, let Dr Motykie’s office know as soon as possible because your surgery may need to be postponed for safety reasons. Lastly, the consumption of alcohol prior to surgery can lead to an increased risk of bleeding during your surgery and you are therefore advised to limit your alcohol intake for the week prior to surgery. In addition, alcohol can interfere with your post-operative medications and should therefore be avoided as long as you are taking prescription medications (usually the first week after surgery).

During your recovery period, be sure to arrange for someone to drive you home after surgery and to take care of you for at least the first day or two after your surgery. (You may also need to have someone drive you back and forth for your first few follow-up visits). You will also be given several post-operative visit dates and specific times that you will need to follow-up with Dr Motykie during your recovery process.

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

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