Here are four things to know about the countersuit.
1. KCC filed its lawsuit in Los Angeles Tuesday, a day after Aetna sued the claims administrator for $20 million over ”errors, omissions and gross negligence” that led to the potential privacy breach.
2. In its lawsuit, KCC accused Aetna of negligence and breach of contract. Among its allegations, KCC said Aetna and its law firm Gibson, Dunn and Crutcher caused the breach.
3. Specifically, KCC argued Aetna and Gibson, Dunn and Crutcher didn’t create “appropriate protective measures to maintain the safety and security” of the protected health information appearing in the mailing, the Hartford Courtant reports.
4. Aetna inadvertently exposed members’ HIV statuses through a window on envelopes containing information about filling prescriptions for HIV medications and pre-exposure prophylaxis, a pill that helps prevent a person from contracting HIV. The letters were mailed July 28, 2017, to about 12,000 customers in multiple states.
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