If you got a notice about the November 2023 breach at The Ambulatory Surgery Center of Westchester (Mount Kisco Surgery Center), you can claim a cash payment or up to $5,000 for documented losses — but the deadline is June 29, 2026.
What Is This Settlement About?
Mount Kisco Surgery Center LLC — which does business as The Ambulatory Surgery Center of Westchester, an outpatient surgical facility in Mount Kisco, New York — agreed to a $527,500 class action settlement to resolve claims that it failed to protect personal and protected health information from a data breach. The case stems from a November 2023 cyberattack in which certain files containing private information were potentially accessed. According to the settlement notice, those files may have contained full names, Social Security numbers, driver's license and 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.The lawsuit alleges the facility was negligent in safeguarding the data. The case is captioned Oliveri v. The Ambulatory Surgery Center of Westchester, Index No. 66660/2024, in the Supreme Court of the State of New York, Westchester County. The defendant denies the allegations and denies any wrongdoing; the court has not decided which side is right. Instead, both sides agreed to settle to avoid the cost and risk of continued litigation while giving affected people a way to recover compensation. The court granted preliminary approval on March 24, 2026.
Who Qualifies?
The court has defined the settlement class as all persons in the United States whose Private Information was potentially compromised as a result of the Data Security Incident. In practice, if you received a notice stating the breach may have compromised your information, the facility's records indicate you are a class member. Reporting put the number of people affected at roughly 22,000 patients. Excluded from the class are Mount Kisco and its officers, directors, and related companies; governmental entities; the judge assigned to the case along with the judge's family and staff; and anyone who validly excludes themselves from the settlement.If you are unsure whether you were included, the official settlement website can confirm your eligibility.
How Much Can You Get?
Every class member — regardless of which cash option they choose — is eligible to enroll in two years of credit monitoring, which includes real-time monitoring of your credit file, dark web scanning, comprehensive public records monitoring, and access to a fraud resolution agent if something suspicious happens.For cash, class members choose one of two options (you cannot claim both):
- Cash Payment A — Documented Losses — up to $5,000. Reimbursement for actual, documented out-of-pocket losses caused by the data breach and incurred between November 3, 2023 and June 29, 2026 — for example, losses from identity theft or fraud, fees for credit reports or credit freezes, the cost of replacing IDs, and postage to contact banks. This option requires proof such as bank statements or receipts; self-prepared notes alone are not enough, and you cannot claim expenses already reimbursed by a third party.
- Cash Payment B — Flat Cash Payment. A one-time payment expected to be $100, with no proof or explanation required beyond logging in with your notice credentials. The amount may be larger or smaller depending on the total claims filed.
How to File a Claim
You can file in two ways before the deadline:- Online. The fastest option is the official settlement website, where you enter the login ID and PIN from your notice and submit the claim form.
- By mail. Download the paper claim form from the settlement website, complete and sign it, and mail it to the settlement administrator so that it is postmarked by the deadline.
Deadlines and Key Dates
- Preliminary approval: March 24, 2026.
- Claim deadline: June 29, 2026 (submitted online or postmarked).
- Opt-out (exclusion) deadline: June 29, 2026.
- Objection deadline: June 29, 2026.
- Final approval hearing: September 9, 2026 at 2:00 p.m. Eastern Time at the Supreme Court of New York, Westchester County, in White Plains, NY (the court may elect to hold it virtually). Payments are issued only after the court grants final approval and any appeals are resolved, so there is typically a wait of several weeks to months after the hearing.
Watch Out for Scams
Legitimate settlement administrators do not ask you to pay a fee to receive a class action payment, and they do not request your full Social Security number, banking passwords, or a "processing payment" by text or phone. File only through the official settlement website linked on this page, and ignore unsolicited messages claiming you must pay money or hand over sensitive credentials to release your check. If you want to compare this case with other active cases, see our roundup of open data breach settlements, and our writeup of the Bell Ambulance data breach settlement, another medical-records breach with a two-tier cash structure plus identity monitoring.Frequently Asked Questions
Who is eligible for the Mount Kisco / Ambulatory Surgery Center of Westchester settlement?
The settlement covers individuals in the United States whose private information was potentially impacted in the November 2023 data breach at Mount Kisco Surgery Center LLC, which does business as The Ambulatory Surgery Center of Westchester. If you received a notice stating the breach may have compromised your information, the company's records indicate you are a class member. Reporting put the number of people affected at roughly 22,000.
How much can I get from the Mount Kisco data breach settlement?
You choose one of two cash options. Cash Payment B is a flat one-time payment expected to be $100 with no proof required, or Cash Payment A reimburses up to $5,000 for actual, documented out-of-pocket losses incurred between November 3, 2023 and June 29, 2026. Separately, every class member is also eligible to enroll in two years of credit monitoring. The flat cash amount can move up or down pro rata depending on how many valid claims are filed against the $527,500 settlement fund.
Is proof required to file a Mount Kisco settlement claim?
Yes. To file online, you must enter the login ID and PIN printed on the settlement notice that was mailed or emailed to you, so the notice itself functions as proof of class membership. The cash payment requires no loss documentation beyond that login, but the up to $5,000 documented-loss option additionally requires receipts, bank statements, or similar records. If you no longer have your notice, you can request your login information through the official settlement website.
What is the deadline to file a Mount Kisco claim?
Claim forms must be submitted online or postmarked by June 29, 2026. The court has scheduled a final approval hearing for September 9, 2026; payments are not issued until the settlement receives final approval and any appeals are resolved.
What information was exposed in the Ambulatory Surgery Center of Westchester data breach?
According to the settlement notice, the November 2023 cyberattack potentially accessed files that may have contained full names, Social Security numbers, driver's license and state ID 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. The defendant denies the allegations and any wrongdoing; the court has not decided which side is right.
Sources
- Notice of Proposed Class Action Settlement — Grace Oliveri v. The Ambulatory Surgery Center of Westchester, Case No. 66660/2024 (Supreme Court of New York, Westchester County)
- Official settlement website — MTKiscoDataSettlement.com
