Breach filing
ArchivedOprex Surgery (Baytown), L.P. d/b/a Altus Baytown Hospital: 40,000 individuals, Nov 2018.
Oprex Surgery (Baytown), L.P. d/b/a Altus Baytown Hospital reported a breach of unsecured protected health information to the HHS Office for Civil Rights on 2 November 2018. The filing records the organisation as a healthcare provider in Texas and lists 40,000 individuals affected, which makes it the 116th largest of the 633 Texas filings on the register and the 43rd largest of the 369 filings submitted nationally in 2018. Among the 32 Texas filings made in 2018 it ranks 3rd.
Individuals affected
40,000
As reported to HHS
Modelled cost (IBM 2025)
$6.40M
Method shown, not disclosed
Rank in TX
116th
of 633 Texas filings
Rank in 2018
43rd
of 369 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
- 40,000
- Breach submission date
- 2 November 2018
- Submission year
- 2018
- Type of breach
- Hacking/IT Incident
- Location of breached information
- Desktop Computer, Network Server
- Business associate present
- No
- State
- Texas (TX)
- Portal status
- listed in the HHS OCR breach portal archive
- Rank in Texas by size
- 116th of 633
- Rank in 2018 nationally
- 43rd of 369
- Texas median filing
- 4,055 individuals
- Register id (derived)
- TX-20181102-oprex-surgery-baytown-d-b-a-altus-baytow
Section F.2 / In context
Where this filing sits in Texas and in 2018
OCR classifies the incident as a hacking or IT incident, with the breached information held in a desktop computer and a network server. Hacking/IT Incident is the type recorded on 360 of the 633 Texas filings (57%) and on 45% of all filings submitted in 2018. Desktop Computer appears on 4% of Texas filings.
No business associate is recorded on the filing; 27% of Texas filings do involve one. At 40,000 individuals the breach is 9.9 times the Texas median filing of 4,055 and 10 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.
Texas's breach notification statute (Tex. Bus. & Com. Code 521.053) requires notice to affected residents without unreasonable delay, no later than the 60th day after determining a breach occurred. Its attorney general threshold: 250 or more Texas 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 40,000 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 $6.40M; the 2026 edition's $192 gives $7.68M. Both are modelled estimates with the method shown, not costs disclosed by Oprex Surgery (Baytown), L.P. d/b/a Altus Baytown Hospital. For scale, IBM's 2026 average cost of a healthcare breach is $6.64M, so this filing models at 1.2 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.
The covered entity (CE), Oprex Surgery (Baytown), L.P., dba Altus Baytown Hospital, reported that an employee was the victim of an email phishing attack that affected the electronic protected health information (ePHI) of 40,000 individuals. The ePHI involved included names, addresses, dates of birth, Social Security numbers, and financial and clinical information. The CE notified HHS, affected individuals, and the media. In response to the breach, the CE implemented additional technical safeguards and retrained its staff on recognizing and responding to fraudulent email communications. OCR obtained assurances that the CE implemented the corrective actions noted.
Section F.5 / Modelled cost
40,000 individuals through IBM's per-record figures
Modelled cost / method shown, not a disclosed cost
ModelledIBM 2025 customer PII, $160 per record
$6.40M
40,000 x $160
IBM 2026 customer PII, $192 per record
$7.68M
40,000 x $192
Method: individuals affected, as reported by Oprex Surgery (Baytown), L.P. d/b/a Altus Baytown Hospital 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
Texas statute and the HIPAA rule
State notification statute
Texas: Tex. Bus. & Com. Code 521.053
- Notice to individuals
- Without unreasonable delay, no later than the 60th day after determining a breach occurred
- Attorney general threshold
- 250 or more Texas residents (No later than the 30th day after determining a breach occurred)
- Private right of action
- Limited: Indirect recovery via the Deceptive Trade Practices Act (up to treble economic damages for knowing violations)
- Penalty
- $2,000-$50,000 per violation; additional up to $100 per individual per day, capped at $250,000 per breach
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
Texas filings closest in size
Neighbours by size rank among Texas filings in 2018, topped up from other years where 2018 has too few. Filings of 10,000 or more link to their own page.
| Covered entity | Type | Individuals | Submitted | Breach type | Location | BA |
|---|---|---|---|---|---|---|
| Employees Retirement System of Texas | Health Plan | 1,248,263 | 15 Oct 2018 | |||
| Baylor Scott & White Medical Center - Frisco | Healthcare Provider | 47,984 | 26 Nov 2018 | |||
| City of Houston Medical Plan | Health Plan | 34,637 | 22 Mar 2018 | |||
| NorthStar Anesthesia | Healthcare Provider | 19,807 | 20 Jul 2018 |
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 4686.
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.