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.

Nip V$ Tuck

Nip V$ Tuck

A lot of people think that Plastic Surgery is named as such due to us plastic surgeons using or inserting plastic into the body. Not only is this untrue, but it sort of undermines the original meaning of the phrase. Plastic Surgery comes from the Greek word “Plastikos,” which means: to shape or mold; referring to the way in which body tissue is utilized, in this case.

When I went through medical school, and certainly my residency – in which newly graduated med school students slowly learn and gain responsibility under seasoned fully professional doctors – Plastic Surgery residents were looked down upon, and we were often insulted by our peers, which always puzzled me. I switched into plastic surgery residency from orthopedic, as I thought I wanted to be an ortho until I actually did a rotation and found it boring for me, personally– so for any medical students or professionals out there, don’t fret– it’s okay to go back and switch so long as you do the residency training! Anyway, I bring this up because I wasn’t treated any differently in the ortho residency, but it was almost like stepping into another world when I started the plastic surgery residency, and I was always curious as to why the other specialties held so much animosity towards plastic surgeons, calling us “boob doctors” or “skin sissies” and silly names like that in the hallways. Well, to put it plain and simple, plastic surgeons got treated that way because of history.

All of us pledge to do no harm to patients above all else, but I’m contending that todays world is plagued by an iatrogenic disease, caused by counterfeit surgeons who no longer care about patient safety. The common enemy – for all specialties – is any doctor who is willing to throw their training to the wayside for another specialty, hide any information from patients, and especially those who are in it for the money, and not the patients. And I’m sad to say that, because of this iatrogenic disease, my entire practice now consists of doing Reconstructive Cosmetic Surgery.

I absolutely love getting the first crack at a patients surgery, but over the years, it’s become more and more rare. Usually, they’ll come in after being botched, begging me to lower my prices, and I do, but I deeply wish there was a way to at least get them the knowledge to find a surgeon that’s properly trained to do the procedure they want. And that’s why I started Nip Vs. Tuck. I’m calling out all doctors to follow their oath and get the counterfeit surgeons out of the protection of the cosmetic surgery umbrella. It’s time that we strengthened the doctor-patient relationship again, and that can only be done if we’re all willing to do the right thing. For doctors, that means being honest with the patients, and at least letting them make an educated decision. For patients, it means trusting your doctor once again, but only after they’ve earned the right to do your surgery by going through the proper avenues of training