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ADVANCE Perspective: HIM

Harsher HIPAA Might Not Hurt

Published February 19, 2009 12:42 PM by Cheryl McEvoy

As health care advocates and political pundits commend, tank or simply expound upon privacy provisions in the stimulus package, this morning's Google alerts remind us why HIPAA is oh-so-important in the first place.

CVS Caremark Corp. has agreed to a record $2.25 million settlement following an investigation into its handling-or rather, disposal of-private patient information. Fueled by reports from an Indianapolis news station that employees were dumping pill bottle labels that contained private health information, the Department of Health and Human Services and Federal Trade Commission launched a probe into the company's practices. Investigators concluded that CVS failed to teach or follow proper protocol for disposing records that contained customers' personal information.

In addition to the settlement, CVS must implement a "robust corrective action program" over the next 3 years to meet and maintain HIPAA standards. The company also is required to monitor compliance for the next 20 years.

But as one door closes, another door opens. This time, it's 1,000 records that have jumped the threshold into public domain.

According to the Albany Times Union, a security snafu at a North Carolina transcription company left detailed patient records posted on the Internet. The records have been removed from the site, but through the magic of Google archiving, a curious info-monger could still find the records online as of yesterday, according to the report.

The posted records include about 1,000 patients who visited an Albany orthopedic practice from March through August of last year, and 300 of those include "detailed narratives," the report stated. The practice had been using the North Carolina company for transcription services.

Fines could reach up to $25,000 per violation; if criminal intent is identified, charges could bump to $250,000 and up to 10 years in prison, according to the report.  

Ah, there's nothing like the warm and fuzzy feeling you get wondering if a Web trawler enjoys reading about the side effects of your back pain prescription.

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