American Society of Anesthesiologists Requests Court to Deny Change Healthcare's Bid to Dismiss Negligence Claims

Strategic Insights -

The American Society of Anesthesiologists (ASA) has filed an amicus curiae brief in support of health care provider plaintiffs in a case against Change Healthcare, a subsidiary of UnitedHealth Group. The brief asserts that Change Healthcare has a legal obligation to protect sensitive patient information, including personally identifying and medical information, from loss through unsecure data systems. The company processes medical claims relating to 15 billion health care transactions annually, encompassing a third of patient records in the United States.

Key Takeaways:

  • Change Healthcare, a subsidiary of UnitedHealth Group, has been accused of having "no obligation" to safeguard sensitive patient information despite processing 15 billion health care transactions annually.
  • The American Society of Anesthesiologists (ASA) has filed an amicus curiae brief in support of health care provider plaintiffs, asserting that Change Healthcare has a duty to protect sensitive patient information from loss.
  • The brief argues that Change Healthcare's conduct created a risk for others (through patient records) and therefore owes a duty to exercise reasonable care for those records.
  • The ASA brief states that Change Healthcare created a risk by accepting sensitive patient information and storing it in systems that failed to use "even rudimentary cybersecurity precautions" to protect the information from loss.
  • The duty to exercise reasonable care for their conduct creates the duty to protect sensitive information from loss.
  • Donald E. Arnold, M.D., FACHE, FASA, ASA President, stated that Change Healthcare's claim of having no responsibility to safeguard sensitive personal and medical information "defies reason."

Statistics:

  • 15 billion health care transactions are processed annually by Change Healthcare, encompassing a third of patient records in the United States.
  • The ASA brief contends that Change Healthcare's failure to use cybersecurity precautions is inconsistent with basic tort law.
  • Timelines and comparative data not provided.

Sources:

  • American Society of Anesthesiologists, "ASA Requests Court to Deny Bid by UnitedHealth Group Subsidiary Change Healthcare to Dismiss Negligence Claims," July 8, 2023
  • ASA.org, "About ASA," accessed February 2023.