$1M M&D Capital Premier Billing Settlement Ends Litigation Over 2023 Data Breach

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M&D Capital Premier Billing LLC and Island Ambulatory Surgery Center have agreed to pay $1,000,000 to resolve a class action lawsuit over a 2023 data breach that allegedly compromised patients’ private information.  

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The M&D Capital data breach settlement received preliminary approval on October 8, 2025 and covers any individual whose personal information was potentially compromised during the data breach discovered on or about July 8, 2023.

The court-approved settlement website can be found at MDDataSettlement.com.

Per settlement documents, settlement class members who submit a timely, valid claim form are eligible to choose between two forms of cash payment.

Cash payment A provides up to $5,000 for documented expenses incurred because of the data breach. To receive cash payment A, class members must submit a timely, valid claim and reasonable documentation supporting the losses. The settlement agreement provides a non-exhaustive list of acceptable documentation, including phone records, email correspondence and receipts.

Instead of selecting cash payment A, class members may choose to receive cash payment B, a flat cash payment estimated to be $75.

The settlement agreement specifies that if the number of valid claims exceeds or fails to exhaust the amount of money remaining in the settlement fund, payments will be reduced or increased pro rata (i.e., in equal shares).

In addition to cash payments, the settlement agreement also offers two years of CyEx medical monitoring for class members who submit a timely, valid claim form. The medical monitoring includes one-bureau credit monitoring, dark web scanning, security-freezing assistance, victim assistance, $1,000,000 in medical identity theft insurance with no deductible, and access to fraud resolution agents.

To submit a claim form, class members should visit this page on the settlement website and enter their unique ID and PIN found on their copy of the settlement notice.  Settlement class members who prefer to submit their claim by mail can download the claim form from this page and mail it to the address listed on the form.

All claim forms must be submitted online or postmarked by January 27, 2026.

The M&D Capital Premier Billing class action lawsuit alleged that on or about July 8, 2023, the company discovered that an unauthorized third party had accessed the M&D Capital network and potentially compromised the private health information of its clients’ patients. On behalf of its clients, including Island Ambulatory Surgery Center, M&D Capital provided notice of the breach to approximately 284,326 people in March 2024, court documents state. Per settlement documents, the information accessed during the breach included names, addresses, billing and insurance information, medical information (including diagnosis, medications and treatments), and demographic information such as dates of birth, financial information and Social Security numbers. 

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