Breach filing
ArchivedDaVita: 11,500 individuals, Nov 2013.
DaVita reported a breach of unsecured protected health information to the HHS Office for Civil Rights on 5 November 2013. The filing records the organisation as a healthcare provider in California and lists 11,500 individuals affected, which makes it the 233rd largest of the 776 California filings on the register and the 36th largest of the 277 filings submitted nationally in 2013. Among the 34 California filings made in 2013 it ranks 9th.
Individuals affected
11,500
As reported to HHS
Modelled cost (IBM 2025)
$1.84M
Method shown, not disclosed
Rank in CA
233rd
of 776 California filings
Rank in 2013
36th
of 277 filings nationally
Section F.1 / The filing
As posted by HHS OCR
Every value below is the portal's own field for this filing, plus its rank within the register.
- Covered entity type
- Healthcare Provider
- Individuals affected
- 11,500
- Breach submission date
- 5 November 2013
- Submission year
- 2013
- Type of breach
- Theft
- Location of breached information
- Laptop
- Business associate present
- No
- State
- California (CA)
- Portal status
- listed in the HHS OCR breach portal archive
- Rank in California by size
- 233rd of 776
- Rank in 2013 nationally
- 36th of 277
- California median filing
- 3,553 individuals
- Register id (derived)
- CA-20131105-davita
Section F.2 / In context
Where this filing sits in California and in 2013
OCR classifies the incident as theft, with the breached information held in a laptop. Theft is the type recorded on 172 of the 776 California filings (22%) and on 48% of all filings submitted in 2013. Laptop appears on 9% of California filings.
No business associate is recorded on the filing; 33% of California filings do involve one. At 11,500 individuals the breach is 3.2 times the California median filing of 3,553 and 2.9 times the national median of 4,000 across all 7,884 filings. It sits in the 10,000 to 99,999 band, which holds 1,938 filings.
As of 28 August 2026 the case is listed in the HHS OCR breach portal archive. OCR's closing summary of the case is reproduced in full below.
California's breach notification statute (Cal. Civ. Code 1798.82) requires notice to affected residents within 30 calendar days of discovery (effective 1 January 2026, SB 446). Its attorney general threshold: more than 500 California residents. The HIPAA Breach Notification Rule ran alongside it: notice to affected individuals and to HHS without unreasonable delay and no later than 60 days after discovery, which is the clock that put this filing on the portal.
Multiplying 11,500 individuals by IBM's $160 customer-PII cost per record (Cost of a Data Breach 2025, the figure the site's calculator uses) gives a modelled $1.84M; the 2026 edition's $192 gives $2.21M. Both are modelled estimates with the method shown, not costs disclosed by DaVita. For scale, IBM's 2026 average cost of a healthcare breach is $6.64M, so this filing models at 0.3 times the sector average.
Section F.3 / OCR closing summary
The portal's archived description, in full
Written by the Office for Civil Rights when the case was closed and reproduced verbatim from the HHS export.
DaVita, the covered entity (CE), reported that on September 6, 2013, an employee's unencrypted laptop computer was stolen from a locked car. When the laptop was stolen, the CE believed that it was encrypted in accordance with its policy and did not contain any electronic protected health information (ePHI). Upon further investigation, the CE determined that the laptop was not encrypted and contained patient ePHI pertaining to 10,849 individuals, including diagnosis and insurance information, as well as the social security numbers of some patients. The CE provided breach notification to the affected individuals, the media, and HHS. Following the breach, the CE retrained the involved employee on physical security of laptops, retrained relevant IT personnel on standard encryption configuration processes, and issued a company-wide reminder about physical security requirements pertaining to mobile devices. It also ensured that its laptops are encrypted, revised its device management and monitoring policies and procedures and its acceptable use policy (to include "bring your own device" practices). Additionally, the CE revised its security incident response and crisis management plan and trained its security incident response team on the revisions. In the course of its review, OCR provided technical assistance regarding encryption and security management processes.
Section F.5 / Modelled cost
11,500 individuals through IBM's per-record figures
Modelled cost / method shown, not a disclosed cost
ModelledIBM 2025 customer PII, $160 per record
$1.84M
11,500 x $160
IBM 2026 customer PII, $192 per record
$2.21M
11,500 x $192
Method: individuals affected, as reported by DaVita to HHS, multiplied by IBM's customer-PII cost per record (Cost of a Data Breach 2025 Figure 6 and the 2026 edition). No cost has been disclosed by the entity for this filing; the figure is a planning estimate, not a fact about the breach. IBM's per-record figures come from mid-volume breaches and IBM cautions against applying them to breaches involving millions of records; the site's per-record page explains where the multiplication holds and where it breaks down.
Context: IBM's average cost of a healthcare breach is $6.64M in the 2026 report ($7.42M in 2025); the global average across all sectors was $4.44M in 2025.
Cost per record: method and limits / Healthcare breach cost, IBM 2026
Section F.6 / Notification clock
California statute and the HIPAA rule
State notification statute
California: Cal. Civ. Code 1798.82
- Notice to individuals
- Within 30 calendar days of discovery (effective 1 January 2026, SB 446)
- Attorney general threshold
- More than 500 California residents (Within 15 calendar days after notifying affected consumers)
- Private right of action
- Yes: Under CCPA Civ. Code 1798.150 for breaches from failure to maintain reasonable security; $107-$799 per consumer per incident (CPI-adjusted from $100-$750, effective Jan 2025)
- Penalty
- CCPA civil penalties of $2,663 per violation, $7,988 per intentional violation (CPI-adjusted, effective Jan 2025); CCPA private right of action for security-failure breaches
The HIPAA Breach Notification Rule runs alongside the state statute: notice to affected individuals and to HHS without unreasonable delay and no later than 60 days after discovery.
Section F.7 / Peer filings
California filings closest in size
Neighbours by size rank among California filings in 2013, topped up from other years where 2013 has too few. Filings of 10,000 or more link to their own page.
| Covered entity | Type | Individuals | Submitted | Breach type | Location | BA |
|---|---|---|---|---|---|---|
| ZDI | Business Associate | 14,829 | 29 Apr 2013 | |||
| Lucile Packard Childrens Hospital, Privacy Manager Breach | Healthcare Provider | 12,900 | 13 Jun 2013 | |||
| Health Net, Inc. | Health Plan | 8,331 | 2 Jul 2013 | |||
| University of California, San Francisco | Healthcare Provider | 8,294 | 22 Nov 2013 |
Index / Companion schedules
13 HHS breach register
→Hub: every filing, by state, year and entity.
04 Biggest breaches
→Mega-breaches with primary-source cost figures.
Industry / Healthcare
→IBM 2026: $6.64M average, 13 years at #1.
Regulation / HIPAA penalties
→OCR enforcement tiers and the 60-day rule.
11 50-state laws
→Deadline, AG threshold and penalties per state.
Cost / Per record
→Where the per-record model is reliable.
Provenance
Source: U.S. Department of Health and Human Services, Office for Civil Rights, Breach Portal (breaches affecting 500 or more individuals), retrieved 2026-08-28. Public domain. Individuals affected and dates as reported by the covered entity.
Portal: ocrportal.hhs.gov breach report. Statutory basis: HITECH Act section 13402(e)(4): the Secretary must post a list of breaches of unsecured protected health information affecting 500 or more individuals. Breaches affecting fewer than 500 individuals are reported to OCR annually and are not posted, so they are not on this register. Status wording follows the portal's two tabs ("Cases Currently Under Investigation" and "Archive") as of 28 August 2026; a filing moves to the archive when OCR closes the case. Modelled costs on this site are a method applied to the reported count, using IBM Cost of a Data Breach per-record figures, and are never a cost disclosed by the entity. This row: hhs-breach-archive__2026-08-28.csv, export row 6316.
Corrections: if you represent a listed entity and the portal row has been amended, email [email protected] with the portal entry and we will re-pull the export.