Ambulatory Surgery Center of Westchester Data Breach Settlement

Individuals who received a notice stating the November 2023 The Ambulatory Surgery Center of Westchester data breach may have compromised their private information could be eligible to claim up to $5,000 plus credit monitoring from a class action settlement.

Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester, agreed to pay $527,500 to resolve a class action lawsuit claiming a cyberattack potentially exposed sensitive personal and medical information.

The compromised information may have included:

• Full names
• Social Security numbers
• Driver’s license or state identification numbers
• Dates of birth
• Medical information (including diagnoses, treatment and prescription details)
• Health insurance information (including claim information and health insurance ID numbers)
• Financial account information

Who can file a claim?

Class members are eligible to file a claim if:

• They are a person in the United States.
• The November 2023 data security incident involving Mount Kisco Surgery Center LLC, d/b/a The Ambulatory Surgery Center of Westchester, potentially compromised their private information.

Individuals who received a notice from Mount Kisco or the settlement administrator are likely included in the class.

How much can class members receive?

• Reimbursement for documented losses: Class members may claim up to $5,000 for actual, documented out-of-pocket expenses incurred as a result of the data breach. Eligible expenses include losses due to identity theft or fraud, fees for credit reports or monitoring, costs to replace identification documents and postage for contacting banks. The expenses must have occurred between Nov. 3, 2023, and June 29, 2026, and class members cannot claim reimbursement for expenses a third party already reimbursed.
• Flat cash payment: Class members who do not have documented losses can claim a one-time cash payment estimated to be $100. The final amount may be higher or lower depending on the total number of claims.
• Credit monitoring: All class members are eligible for two years of credit monitoring, which includes:
• Real-time credit file monitoring
• Dark web scanning
• Comprehensive public records monitoring
• Access to a fraud resolution agent if suspicious activity is detected

If the total value of all valid claims exceeds the $527,500 settlement fund, the settlement administrator will reduce payments proportionally so the total does not exceed the fund. Conversely, if the total value of valid claims is less than the fund, the administrator may increase individual payments.

How to claim a settlement payment

Class members can file a claim online or download, print and complete a PDF claim form and mail it to the settlement administrator.

Settlement administrator's mailing address: Mount Kisco Data Security Incident Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958

What proof or documentation is necessary to submit a claim?

• Class members claiming reimbursement for documented losses must provide proof, such as receipts, bank statements or other evidence showing the expenses and their relation to the data breach. Self-prepared notes alone are not sufficient.
• Class members claiming the flat cash payment or credit monitoring only need to attest that they are a class member and select the appropriate option on the claim form.

Payout options

• PayPal (provide email address)
• Venmo (provide mobile number)
• Zelle (provide email or mobile number)
• eMastercard (provide email address)
• Physical check (provide mailing address)

$527,500 settlement fund

The $527,500 settlement fund includes:

• Settlement administration costs: To be determined
• Attorneys’ fees: $175,833.33
• Attorneys' costs: To be determined
• Service awards to class representatives: $2,500 each to three class representatives ($7,500 total)
• Payments to eligible class members: The remainder of the fund

Important dates

• Claim deadline: June 29, 2026
• Opt-out deadline: June 29, 2026
• Final approval hearing: Sept. 9, 2026

When is the Ambulatory Surgery Center of Westchester settlement payout date?

The settlement administrator will distribute payments no later than 30 days after the court resolves any appeals and grants final approval of the settlement.

Why did this class action settlement happen?

The class action lawsuit alleged a cyberattack on Mount Kisco Surgery Center LLC, d/b/a/ The Ambulatory Surgery Center of Westchester, in November 2023 potentially exposed the sensitive personal and medical information of patients.

While Mount Kisco denies any wrongdoing, both parties agreed to settle to avoid the costs, risks and uncertainties of continued litigation.

Sources

1. Claim form
2. Class notice
3. Settlement agreement
4. Settlement FAQ