Important Patient Information

Dear Valued Dallas IVF Patient:

This will notify you that Frisco Fertility Center, PLLC d/b/a Dallas IVF has become aware of what we now believe was a confirmed breach of your protected health information (“PHI”). The Trial Court Findings in a Lawsuit[1] that was filed by Dallas IVF against physician Tiffanny Jones, MD after she was terminated from her Dallas IVF employment on March 6,  2020 became final on or about June 17, 2021. The PHI breach occurred as a result of Dr. Jones’s unauthorized access and failure to return certain PHI after her employment termination as reflected in the Trial Court Findings.  We are notifying affected individuals in as timely manner as possible so that you can take any appropriate action that you deem necessary to reduce or eliminate potential harm.[2]

Detailed description of the incident involving the PHI breach

The Trial Court Findings state that “[t]he credible evidence weighs heavily in favor of a finding that Dr. Jones retained access to [Dallas IVF’s] confidential patient and trade secret information even after the entry of the Temporary Injunction Order, that she likely still has access to such information. The credible evidence further supports a finding that Dr. Jones utilized a Samsung USB device to download, for her future use, [Dallas IVF’s] confidential patient and trade secret information, and that she either failed to preserve that device as required by the Temporary Injunction Order, or continues to conceal it from [Dallas IVF].”

Detailed description of the PHI and use as a result of the breach

The following types of PHI that were possibly involved in the breach by Dr. Jones include names, dates of birth, addresses, phone numbers, Dallas IVF file numbers,  insurance claims information, medical records, diagnoses, conditions, lab results, medications, and/or other treatment information. Dallas IVF has confirmed that no credit card information, no bank account information, nor other financial information was involved. The PHI appears to have been used for possible marketing and/or other purposes by Dr. Jones after her employment termination by Dallas IVF on March 6, 2020.

Measures taken by Dallas IVF and that Dallas IVF intends to take regarding the PHI breach

  • Dallas IVF discovered the breach after it terminated Dr. Jones’s employment and then conducted an immediate incident investigation (including a computer forensics analysis).
  • Dallas IVF acted decisively to minimize the impact of Dr. Jones’s unauthorized actions by demanding immediate return of the known and unknown PHI. When Jones refused to return all the PHI, Dallas IVF filed an arbitration and later an emergency Lawsuit in which it sought and obtained a Temporary Restraining Order (extended on two separate occasions) and later obtained a Temporary Injunction against Dr. Jones and anyone directly or indirectly assisting her that governs during the pendency of the Lawsuit.  The Temporary Injunction required, among other things, that Dr. Jones and her entity, TJONESIVFMD, PLLC, return all of the PHI belonging to Dallas IVF.
  • After a full hearing with evidence presented, Dallas IVF obtained the Trial Court Findings supporting contempt against Dr. Jones given her failure to return this PHI and other property belonging to Dallas IVF in violation of the Temporary Injunction.
  • Dallas IVF continues to pursue its available legal rights against Dr. Jones and TJONESIVFMD, PLLC in arbitration.
  • To further mitigate the PHI breach, Dallas IVF has reported Dr. Jones to the Texas Medical Board as she is a Texas physician and her professional conduct is a governed by the Texas Medical Practice Act as enforced by the Texas Medical Board.

Measures that you may choose to take

Please note that you may choose to take the following steps to protect your PHI from further harm or similar circumstances:

Dallas IVF sincerely apologizes for the concern and inconvenience that this incident no doubt causes you. Your information privacy is very important to us and we will continue to do everything that we can to correct this situation. Should you have any questions or need assistance, please contact Dallas IVF at 469-269-5663 (phone) or [email protected] (email), 214-297-0025 (facsimile), or 2840 Legacy Dr., Ste 100, Frisco, TX 75034 (mailing address).

Sincerely,

Brian Barnett, MD, President
Frisco Fertility Center, PLLC d/b/a Dallas IVF

[1] The Findings and Recommendations  (“Trial Court Findings”) of the 471st District Court of Collin County in the lawsuit styled Frisco Fertility Center, PLLC d/b/a Dallas IVF v. Tiffanny Jones, MD and TJONESIVFMD, PLLC, Cause No. 471-02739-2020 (the “Lawsuit”).

[2] This notice is given under the HIPAA Breach Notification Rule, 45 CFR §§164.400-414 and the Texas Medical Records Privacy Act, Tex. Health & Safety Code §§181.001 et seq.