$527K Ambulatory Surgery Center of Westchester Data Breach Settlement, Patients and Employees Can Claim Up to $5,000 Deadline June 29, 2026

The Ambulatory Surgery Center of Westchester data breach settlement is a $527,500 class action resolution where eligible current and former patients and employees whose personal and medical information was compromised in a November 2023 cyberattack can claim up to $5,000 for documented losses — or a flat $100 cash payment with no documentation required — by filing before June 29, 2026. The Mount Kisco Surgery Center, doing business as the Ambulatory Surgery Center of Westchester in New York, notified 22,139 patients that some of their HIPAA-protected health information was exposed and potentially stolen after suspicious activity was detected in an employee’s email account on November 3, 2023. The settlement is pending final court approval at a hearing scheduled for September 9, 2026.

Quick Facts: Oliveri v. The Ambulatory Surgery Center of Westchester

Field	Detail
Settlement Amount	$527,500
Claim Deadline	June 29, 2026
Who Qualifies	U.S. persons whose private information was potentially compromised in the November 2023 Mount Kisco data security incident
Payout — With Documentation	Up to $5,000 for documented out-of-pocket losses (incurred between November 3, 2023, and June 29, 2026)
Payout — Without Documentation	Expected $100 flat cash payment (subject to pro-rata adjustment)
Additional Benefit	2 years of free credit monitoring, dark web scanning, and public records monitoring
Proof Required	Yes for documented losses; No for $100 flat payment
Settlement Status	Proposed — Final Approval Hearing September 9, 2026 at 2:00 p.m. ET
Case Name & Number	Grace Oliveri et al. v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024
Court	Supreme Court of New York, Westchester County
Settlement Administrator	Simpluris, Inc.
Official Settlement Website	mtkiscodatasettlement.com
Administrator Phone	(833) 386-6524 (toll-free, 24/7)
Administrator Email	[email protected]
Last Updated	May 8, 2026

What Is the Mount Kisco Data Breach Lawsuit About? Oliveri v. The Ambulatory Surgery Center of Westchester, No. 66660/2024

The Ambulatory Surgery Center of Westchester is an outpatient surgical center in Mount Kisco, New York, clinically affiliated with CareMount Medical, P.C., Putnam Hospital Center, and various surgeons in Westchester and Putnam Counties. It serves patients across the Hudson Valley region for outpatient procedures — the kind of facility where patients hand over their most sensitive health and personal information every time they walk through the door.

On November 3, 2023, ASCW discovered unusual activity in one employee’s email account. It immediately took steps to secure the account and engaged a digital forensics and incident response firm to investigate. The investigation determined that certain files stored within the email accounts were accessed between October 23, 2023, and November 3, 2023. ASCW then undertook a comprehensive review of the potentially affected data. That process was completed on May 30, 2024, and affected individuals were notified by mail on June 26, 2024 — more than seven months after the breach was first detected.

Potentially affected information includes names, Social Security numbers, driver’s license or state identification numbers, dates of birth, medical information including diagnosis, treatment, and prescription information, health insurance information including claim information and health insurance ID numbers, and financial account information. If you were a patient or employee at ASCW and received a breach notification letter in June 2024, your data is in that list.

Plaintiff Grace Oliveri filed this class action in the Supreme Court of New York, Westchester County, alleging that Mount Kisco failed to use reasonable data security measures to protect the sensitive information it held. This type of data breach compensation case has become standard for healthcare providers that suffer email account compromises — for context on how similar cases resolve, see our coverage of the General Physician P.C. $2.5M data breach settlement on AllAboutLawyer.com, a nearly identical New York healthcare email breach case. Mount Kisco denies all wrongdoing.

Who Qualifies for the Ambulatory Surgery Center of Westchester Settlement?

The class is defined broadly. If your information was in Mount Kisco’s systems when the breach occurred, you are likely included.

You may qualify if:

• You are a U.S. resident whose private information was potentially compromised in the November 2023 data security incident at ASCW
• You received a notification letter from Mount Kisco Surgery Center in June 2024 stating your information may have been exposed
• You are a current or former patient, employee, or other individual whose data was stored in ASCW’s email environment during the breach window

You do NOT qualify if:

• You are Mount Kisco Surgery Center LLC, its officers, directors, or related companies
• You are a governmental entity
• You are the judge presiding over this case, a family member, or court staff
• You previously submitted a valid opt-out request

If you received a breach notification letter from ASCW in 2024, that letter is your confirmation of inclusion. If you are unsure, contact the Settlement Administrator at (833) 386-6524 or email [email protected] — they are available toll-free, 24 hours a day, 7 days a week.

Related article: Mitsubishi Outlander Hood Defect Settlement, 2022 Outlander Owners Can Get a Free Hood Replacement and Reimbursement for Past Repairs Deadline July 30, 2026

How Much Can You Get from the ASCW Data Breach Settlement?

The $527,500 Settlement Fund covers three benefit tiers. You choose one cash option and can add the credit monitoring benefit on top.

Important: this is a smaller settlement fund than most healthcare data breach cases. Pro-rata reductions apply if total claims exceed the available fund after fees and administration costs are deducted. The $100 flat payment could go up if fewer people file, or down if claim volume is high. File early and choose the option that best fits your situation.

Option 1 — Documented Out-of-Pocket Losses (up to $5,000)

If you experienced real financial harm traceable to the breach, this is the higher-value path. Eligible documented losses include:

• Costs from identity theft or fraud occurring on or after November 3, 2023
• Fees for purchasing, accessing, or freezing and unfreezing credit reports at any bureau
• Cost to replace government-issued IDs (driver’s license, state ID)
• Postage and mailing costs to contact banks or credit agencies about the breach
• Credit monitoring, fraud resolution, or identity protection services paid out of pocket between November 3, 2023, and June 29, 2026

You must submit proof — bank statements, receipts, or invoices. Personal notes alone are not sufficient without supporting third-party documentation. You cannot claim expenses already reimbursed by another source.

Option 2 — Flat Cash Payment (expected $100, no documentation needed)

If you did not track specific losses or have no paperwork, file for the flat cash payment. No receipts, no explanation required — just a valid claim form. The $100 figure is an estimate and will adjust up or down based on total valid claims filed and fund availability.

You cannot claim both. Choose either documented losses or the flat payment — not both.

Option 3 — Two Years of Free Credit Monitoring

All class members can claim two years of credit monitoring in addition to whichever cash option they choose. This includes real-time monitoring of your credit file, dark web scanning, comprehensive public records monitoring, and access to a fraud resolution agent if suspicious activity is detected.

For a detailed look at how this payout structure compares to similar healthcare breach cases, see our coverage of the Proliance Surgeons $4.45M data breach settlement on AllAboutLawyer.com.

Step-by-Step: How to File Your Mount Kisco Settlement Claim

Step 1 — Visit the official settlement website. Go to mtkiscodatasettlement.com and click “Submit a Claim.”

Step 2 — Choose your cash benefit. Decide between the documented out-of-pocket losses payment (up to $5,000) or the flat $100 cash payment. Select the credit monitoring option if you want it — you can add it to either cash path.

Step 3 — Complete the claim form online. Enter your personal information and select your benefit option. If claiming documented losses, upload your supporting documentation — bank statements, receipts, invoices, or other third-party proof showing breach-related expenses.

Step 4 — Submit before June 29, 2026. Online submissions must be completed by June 29, 2026. If mailing a paper form, it must be postmarked no later than June 29, 2026, and sent to: Mount Kisco Data Security Incident Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958.

Step 5 — Save your confirmation. Print or screenshot your online submission confirmation. Keep a copy of any mailed claim form for your records.

Estimated time to complete: 5 minutes for the flat payment; 15–30 minutes if uploading documentation for out-of-pocket losses.

Important Deadlines & Dates

Milestone	Date
Breach Detected	November 3, 2023
Unauthorized Access Window	October 23, 2023 – November 3, 2023
Investigation Completed	May 30, 2024
Breach Notification Mailed to Individuals	June 26, 2024
Notification Mailing (Settlement Notice)	April 29, 2026
Claims Period Open	Open now — file at mtkiscodatasettlement.com
Claim Filing Deadline	June 29, 2026
Opt-Out Deadline	June 29, 2026 (postmarked)
Objection Deadline	June 29, 2026
Final Approval Hearing	September 9, 2026 at 2:00 p.m. ET — Supreme Court of New York, Westchester County, 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601
Expected Payment Date	TBD — after final court approval and resolution of any appeals

Frequently Asked Questions

Do I need a lawyer to file a claim in the Mount Kisco settlement?

 No. The online claim form at mtkiscodatasettlement.com takes about five to thirty minutes depending on which benefit you select. Court-appointed Class Counsel — David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC; Scott Edward Cole of Cole & Van Note; and Jarrett L. Ellzey of Ellzey, Kherkher, Sanford & Montgomery LLP — represent all class members at no cost. You may hire your own attorney at your own expense if you choose.

Is this settlement legitimate?

 Yes. This is a court-authorized settlement pending in the Supreme Court of New York, Westchester County, Case No. 66660/2024. The official settlement website is mtkiscodatasettlement.com, and the administrator is Simpluris, Inc., a professional claims administration firm. The court authorized the notice mailing on April 29, 2026.

I received a breach notification in 2024 but not a settlement notice. Can I still file?

 Yes. If your information was potentially compromised in the November 2023 incident, you are a class member regardless of whether you received the most recent settlement notice. Contact the Settlement Administrator at (833) 386-6524 or [email protected] to confirm your inclusion and request a claim form.

When will I receive my payment? 

TBD — payments will be distributed after the court grants final approval at the September 9, 2026 hearing and after any appeals are resolved. Allow several months after that date for the administrator to process and distribute payments.

What if I miss the June 29, 2026 deadline?

 If you do not file by the deadline, you receive no benefits. You will still be bound by the settlement’s release of claims against Mount Kisco — meaning you give up the right to pursue your own lawsuit over this breach — unless you opt out by June 29, 2026.

Will my settlement payment be taxable?

 Cash payments from data breach class action settlements may or may not be treated as taxable income depending on the nature of the payment and your individual tax situation. Payments reimbursing documented losses are generally treated as non-taxable reimbursements. Consult a tax professional for guidance specific to your circumstances.

My medical information was exposed — what should I do right now regardless of this settlement?

 Request a free credit report from each of the three major bureaus at AnnualCreditReport.com. Place a fraud alert or credit freeze with Equifax, Experian, and TransUnion. Review your health insurance explanation-of-benefits statements for unfamiliar services. If you receive unexpected medical bills or notice unfamiliar treatment records, contact your insurer and report the issue to the HHS Office for Civil Rights at hhs.gov/ocr. The two years of credit monitoring available through this settlement is a good starting point — enroll through your claim form at no cost.

What were the Class Representatives awarded? 

The settlement provides for Service Award payments of $2,500.00 to each of the three Class Representatives — Grace Oliveri, Tracy Policicchio, and E.B. (by guardian Candace Bassi) — subject to court approval. These amounts are paid from the Settlement Fund before the remaining money is distributed to class members.

Sources & References

• Official Settlement Website: mtkiscodatasettlement.com
• Grace Oliveri et al. v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024 — Supreme Court of New York, Westchester County

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the official settlement administrator website (mtkiscodatasettlement.com), the settlement FAQ page, and primary news sources on May 8, 2026. Last Updated: May 8, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.