Five Former Methodist Hospital Employees Charged with HIPAA Violations
Thursday, November 10, 2022
Five Former Methodist Hospital Employees Charged with HIPAA Violations
Memphis, TN – A
federal grand jury has indicted five former Methodist Hospital
Employees for conspiring with Roderick Harvey, 40, to unlawfully
disclose patient information in violation of the Health Insurance
Portability and Accountability Act of 1996, commonly known as “HIPAA.”
United States Attorney Kevin G. Ritz announced the indictment today.
HIPAA was enacted by Congress in 1996 to create national standards to
protect sensitive patient information from being disclosed without a
patient’s knowledge or consent. HIPAA’s provisions make it a crime to
disclose patient information, or to obtain patient information with the
intent to sell, transfer or use such information for personal gain.
According to the indictment, between November 2017 and December 2020,
Harvey paid Kirby Dandridge, 38, Sylvia Taylor, 43, Kara Thompson, 30,
Melanie Russell, 41, and Adrianna Taber, 26, to provide him with names
and phone numbers of Methodist patients who had been involved in motor
vehicle accidents. After obtaining the information, Harvey sold the
information to third persons including personal injury attorneys and
chiropractors.
The conspiracy charge carries a maximum penalty of five years
imprisonment, a fine of $250,000 and three-year period of supervised
release.
Harvey was also charged with seven counts of obtaining patient
information with the intent to sell it for financial gain on various
dates between November 12, 2017, and September 7, 2019. Each of those
charges carries a maximum penalty of 10 years’ imprisonment, a fine of
$250,000 and three years’ of supervised release.
Dandridge, Taylor, Thompson, Russell, and Taber were each charged
with separate violations of disclosing the information to Harvey in
violation of HIPAA. That charge carries a maximum penalty of one year
imprisonment, a $50,000 fine and a one-year period of supervised
release.
This case was investigated by the Federal Bureau of Investigation and the Tennessee Bureau of Investigation.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Carroll L. André III, who is prosecuting the case.
The charges and allegations in the indictment are merely
accusations, and the defendants are presumed innocent unless and until
proven guilty.
Issued by: Office for Civil Rights (OCR) What if a HIPAA covered entity (or business associate) uses a CSP to maintain ePHI without first executing a business associate agreement with that CSP? Answer: If a covered entity (or business associate) uses a CSP to maintain (e.g., to process or store) electronic protected health information (ePHI) without entering into a BAA with the CSP, the covered entity (or business associate) is in violation of the HIPAA Rules. 45 C.F.R §§164.308(b)(1) and §164.502(e). OCR has entered into a resolution agreement and corrective action plan with a covered entity that OCR determined ...read more |
Pharmacy Chain Revises Process for Disclosures to Law Enforcement Covered Entity: Pharmacies Issue: Impermissible Uses and Disclosures A chain pharmacy disclosed protected health information to municipal law enforcement officials in a manner that did not conform to the provisions of the Privacy Rule. Among other corrective actions to resolve the specific issues in the case, OCR required this chain to revise its national policy regarding law enforcement's access to patient protected health information to comply with the Privacy Rule requirements, including that disclosures of protected health information to law enforcement only be made in response to written requests from ...read more |
Mental Health Center Provides Access and Revises Policies and Procedures Covered Entity: Mental Health Center Issue: Access, Restrictions The complainant alleged that a mental health center (the "Center") refused to provide her with a copy of her medical record, including psychotherapy notes. OCR’s investigation revealed that the Center provided the complainant with an opportunity to review her medical record, including the psychotherapy notes, with her therapist, but the Center did not provide her with a copy of her records. The Privacy Rule requires covered entities to provide individuals with access to their medical records; however, the Privacy Rule exempts ...read more |
May a covered entity use or disclose protected health information for litigation? Answer: A covered entity may use or disclose protected health information as permitted or required by the Privacy Rule, see 45 CFR 164.502(a) (PDF); and, subject to certain conditions the Rule typically permits uses and disclosures for litigation, whether for judicial or administrative proceedings, under particular provisions for judicial and administrative proceedings set forth at 45 CFR 164.512(e) (GPO), or as part of the covered entity’s health care operations, 45 CFR 164.506(a) (PDF). Depending on the context, a covered entity’s use or disclosure of protected health information in ...read more |
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