Hospital Administrator vs. HIPAA
Wednesday, September 3rd, 2008Houston, you have a problem, again. This issue does not involve people halfway to the moon, but something much closer. This situation involves you and people who have gone to the Harris County Hospital District for medical attention. This is especially true if you happen to suffer from HIV, AIDS, or any other of a long list of medical conditions. It seems that an administrator at the hospital downloaded complete and very private records onto two flash drives and then lost them. No one has any idea where the drives went, but everyone is unanimous in saying how terrible of a situation this has become for the upwards of 1,200 people affected.
Very few details about this incident have been released at this point. The name of the employee has not been released, although an insider said that she is not available for contact and has left the area pending the investigation. A spokesman for the hospital said that a letter was being sent out to the affected individuals. Within the letter was a request that affected people enroll in an ID theft subscription service, like Lifelock, at the hospital’s cost. These services provide monitoring of the three major credit bureaus. By keeping tabs on all three bureaus, they are able to contact their customer whenever a new credit card or loan application is filed. If the customer says that this information is legitimate, then there is nothing done. However, if the application is fraudulent, Lifelock prevents it from being processed any further and significantly limits the possibility of credit damage and identity theft.
The reason the hospital is recommending that people subscribe to Lifelock and other services is that the information on the flash drive contained, names, addresses, social security numbers, the social security numbers of spouses, and full medical records and treatments. Even worse is that there was no password protection or encryption on the drive. This means that whoever finds this drive can plug it into their computer, open the files, and have instant access to all the personal data of the 1,200 people. This blatant violation of both hospital and government policies is the reason that HIPAA may be getting involved. Set up by the United States government, HIPAA was established to provide security for patients’ medical records. The nameless employee in this case could be facing a $25,000 fine for her carelessness.
An equally troubling issue in this whole case is that an insider at the hospital has supplied the media with a private memo that was distributed to the company. Apparently, three more flash drives are missing and all of them were last seen on the desk of the work guilty of the above noted data breach. The hospital is asking for the immediate location and return of these drives, specifying that one drive contains information “very important to the district and needs to be found as soon as possible.” There has been no word yet on whether or not these drives have been located or what information is contained on them. Either way, hospital administrators have said that they will review and upgrade all security policies to make sure that nothing of this nature happens again in the future.

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