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.
| What is a covered entity’s obligation under the Breach Notification Rule if it transmits an individual’s PHI to a third party designated by the individual in an access request, and the entity discovers the information was breached in transit? This guidance remains in effect only to the extent that it is consistent with the court’s order in Ciox Health, LLC v. Azar, No. 18-cv-0040 (D.D.C. January 23, 2020), which may be found at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv0040-51. More information about the order is available at https://www.hhs.gov/hipaa/court-order-right-of-access/index.html. Any provision within this guidance that has been vacated by the Ciox Health decision is rescinded. ...read more |
| Must a covered entity inform individuals in advance of any fees that may be charged when the individuals request a copy of their PHI? This guidance remains in effect only to the extent that it is consistent with the court’s order in Ciox Health, LLC v. Azar, No. 18-cv-0040 (D.D.C. January 23, 2020), which may be found at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv0040-51. More information about the order is available at https://www.hhs.gov/hipaa/court-order-right-of-access/index.html. Any provision within this guidance that has been vacated by the Ciox Health decision is rescinded. Yes. When an individual requests access to her PHI and the covered entity intends to charge the ...read more |
| Private Practice Revises Access Procedure to Provide Access Despite an Outstanding Balance Covered Entity: Private Practice Issue: Access A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. During OCR’s investigation, the physician confirmed that the complainant was not given access to her medical record because of the outstanding balance. OCR provided technical assistance to the physician, explaining that, in general, the Privacy Rule requires that a covered entity provide an individual access to their medical record within 30 days of ...read more |
| When does the Privacy Rule allow covered entities to disclose protected health information to law enforcement officials? Answer: The Privacy Rule is balanced to protect an individual’s privacy while allowing important law enforcement functions to continue. The Rule permits covered entities to disclose protected health information (PHI) to law enforcement officials, without the individual’s written authorization, under specific circumstances summarized below. For a complete understanding of the conditions and requirements for these disclosures, please review the exact regulatory text at the citations provided. Disclosures for law enforcement purposes are permitted as follows: To comply with a court order or ...read more |
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