Form 6-K - Report of foreign issuer [Rules 13a-16 and 15d-16]
07 December 2023 - 1:05AM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
FORM 6-K
REPORT OF FOREIGN PRIVATE
ISSUER
Pursuant
to Rule 13a-16 or 15d-16 of the
Securities
Exchange Act of 1934
For
the month of December 2023
Commission
file number: 001-32749
FRESENIUS MEDICAL CARE
AG
(Translation
of registrant's name into English)
Else-Kröner
Strasse 1
61346
Bad Homburg
Germany
(Address
of principal executive offices)
Indicate by check mark
whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x
Form 40-F ¨
On September 29, 2023,
Cardiovascular Consultants, Ltd. (CVC), a subsidiary of Fresenius Medical Care AG (the Company) located in the United States (U.S.),
became aware that some of its computer systems in the U.S. were affected by a security incident where an intruder claimed to have
stolen data. CVC took immediate action to contain the incident and engaged a third-party forensic firm to assist in the
investigation and response. The investigation has determined that specific systems were accessed and data were encrypted and stolen
by the intruder. The security incident affected the electronic medical record and data warehouse containing information on current
and former CVC patients and others. To date, we have identified the stolen data as having come from the data warehouse. The incident
also impacted various applications and files that contained sensitive employee information. The incident may have affected
approximately 500,000 patients, former patients, guarantors and 200 staff located across several states, U.S. territories and four
countries. In response, we have engaged a consumer credit reporting agency to facilitate patient notifications, call center services
and credit monitoring of the affected parties on our behalf. In addition, we are currently investigating the impact of this security
incident on another subsidiary, Fresenius Vascular Care, Inc., located in the United States. This investigation is still
ongoing.
Based on expenses incurred to
date for the investigation and remedial action described above, together with forecasted additional expenses, the Company does not expect
the incident to have a material impact on its financial condition or results of operations. However, the Company’s investigation
and determination to report the incident also considered certain other factors, including CVC’s obligation to report the incident
to regulatory bodies, possibly resulting agency investigations, potential future litigation and potential reputational damage.
SIGNATURES
Pursuant to the requirements
of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto
duly authorized.
DATE: December 6, 2023
|
Fresenius
Medical Care AG, |
|
|
|
|
By: |
/s/ Helen Giza |
|
Name: |
Helen Giza |
|
Title: |
Chief Executive Officer and Chair of the Management Board |
|
By: |
/s/ Martin Fischer |
|
Name: |
Martin Fischer |
|
Title: |
Chief Financial Officer and member of the Management Board |
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