Three members of True Health New Mexico are suing the payer over an October 2021 data breach that potentially exposed the information of 63,000 members, according to the Santa Fe New Mexican.
The members' lawsuit, filed Jan. 25, claims that the high presence of medical records on the "dark web" should have made such a breach predictable. Following the breach, the plaintiffs argue that members must update and monitor accounts for years to ensure their identities are not stolen.
The lawsuit also alleges that True Health New Mexico delayed informing members and regulators of the data breach for over a month.
The payer's website claims that while there is no proof the information has been misused, hackers had access to members' names, email addresses, insurance information, Social Security numbers, medical histories and more. They also accessed information related to some providers and former members of New Mexico Health Connections, a plan it administered.
The three members are attempting to certify a class, which would include any member impacted by the breach.