Tag Archives: HIPAA Privacy Complaint

Florida Man Sentenced to Prison for Role in Florida Hospital Data Theft

Lance Leider headshotBy Lance O. Leider, J.D., The Health Law Firm

A Davenport, Florida, man was sentenced to four years in prison for paying off two Florida Hospital employees to illegally access patient records, according to the Department of Justice (DOJ). A judge sentenced Sergie Kusyakov on April 10, 2013. He was charged with conspiracy and wrongful disclosure of individual identifiable health information.

Click here to read the press release from the DOJ.

Ex-Employees Sold Patient Information to a Co-Conspirator.

Mr. Kusyakov’s sentence stems from a privacy breach at Florida Hospital back in October 2011. The breach involved thousands of patient records that were illegally accessed between 2009 and 2011. Apparently Mr. Kusyakov was paying hospital employee Dale Munroe and his wife to illegally access thousands of records of patients treated at multiple Florida Hospital locations. Mr. Munroe was sentenced in January 2013. Click here to read a previous blog on that story.

Mr. Munroe was allegedly fired in July 2011, after it was learned he accessed the records of a doctor fatally shot in a parking garage. Investigators then found that Mr. Munroe had accessed more than 700,000 patient records, most of whom had been involved in vehicle accidents. Mr. Munroe then sold the records to Mr. Kusyakov, who was associated with two chiropractic clinics. The information was then used to solicit the patients for lawyers and chiropractors. After Mr. Munroe was fired, his wife began stealing patient information. She will be sentenced in July.

HIPAA Privacy Complaints Do Result in Action.

The act of accessing patient records is a direct violation of the Health Insurance Portability and Accountability Act (HIPAA). Many individuals whose privacy is breached fail to realize how effective a HIPAA Privacy Complaint can be. These complaints, which can be filed online to the Office of Civil Rights (OCR), a federal agency, are fully investigated. Stiff civil fines and even criminal prosecutions may result. In serious cases, the FBI investigates them.

Since the time period is short for filing these (180 days), the first step you should take, if your medical privacy is breached, is to file a HIPAA Privacy Complaint with the OCR. Also file a complaint with the hospital or health care provider and with the state agency that licenses the health care provider.

Contact Health Attorneys Experienced in the Confidentiality of Medical Records.

Our attorneys provide advice and legal opinions on confidentiality of medical records and medical information, including HIPAA Privacy Regulation, and are available to testify as expert witnesses on these issues.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

What do you think of Mr. Kusyakov’s sentence? Please leave any thoughtful comments below.

Sources:

Pavuk, Amy. “Man Sentenced to Federal Prison for Role in Florida Hospital Theft.” Orlando Sentinel. (April 11, 2013). From: http://www.orlandosentinel.com/news/local/breakingnews/os-florida-hospital-patient-data-theft-20130410,0,3261544.story

Department of Justice. “Davenport Man Sentenced to 4 Years in Prison of Theft of Patient Information.” Department of Justice. (April 10, 2013). From: http://www.justice.gov/usao/flm/press/2013/apr/20130410_Kusyakov.html

About the Author: Lance O. Leider is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.

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Update: Fake DEA Agents Calling Citizens, Claiming to Have Arrest Warrant

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Health care providers beware, there is a scam making its rounds in Central Florida. Con men are telephoning citizens, including physicians, and pretending to be Drug Enforcement Administration (DEA) agents in the hope of extorting money from them.

It’s a scam we first told you about in December 2012, but have since learned more. Click here to read my first blog on this nationwide telephone scam.

Fake DEA Agents Conning Citizens and Health Providers.

The scam starts with criminals posing as DEA agents calling victims by telephone. Frequently, just by coincidence, the victim will have purchased prescription drugs over the internet, by phone or from a foreign country. The imposters tell the victims that purchasing the drugs in this manner is illegal, and that the phony DEA agent has an arrest warrant for them. They are then advised that they can pay a cash fine and avoid arrest. We’ve heard reports that the criminals tell the victim to wire the funds to the DEA’s account, which is actually an overseas account.

If the victims refuse to send money, the phony DEA agents threaten to arrest the victims or come out and search their property.

Click here to read more on this scam from a DEA press release.

The Local Law Enforcement is Investigating.

As we stated before, this is a nationwide scam. However, we’ve recently received a report from a local health care provider that was contacted by one of these phony DEA agents. This person was told the by the con men that he was being investigated by the DEA for an outstanding warrant. The thought of being the target of a DEA investigation can be quite unnerving for anyone working in the medical field.

The real DEA is aware of the situation and is doing a thorough investigation into the scam. Until agents find the people behind this con, they want to remind you that no DEA agent will ever contact a subject by telephone. However, a DEA agent, just like any other law enforcement officer, might show up at your house early in the morning or while you are eating dinner. If you were actually going to be arrested or charged for a crime, the agents would not offer to drop the charges in exchange for money.

Call the DEA Immediately If  Criminals Call You.

Criminals are counting on the fact that they will reach a certain number of people who have actually purchased drugs over the internet and will not know for sure whether this is legal. They are counting on the fact that if they think they may have purchased drugs illegally, they will get scared and believe the false accusations. Many people have no idea whether such conduct is legal or illegal. These imposters are banking on your ignorance and fear of being arrested for a criminal act or losing your professional license to practice. They are also banking on the fact you won’t report this to the real police or DEA. If you receive a similar call from phony DEA agents, call the real DEA at 1-877-792-2873.

How Does Your Information Get into the Hands of Criminals?

Chances are they are just “cold-calling” people. There are bound to be a certain number of people (especially in Florida) they reach who have done this. However, if they seem to have your personal health information (or credit card number) report this to the police right away. Be sure to obtain a written police report. Also, you should file a Health Insurance Portability and Accountability Act (HIPAA) Privacy Complaint with the Office of Civil Rights (OCR) to begin an investigation if you believe your personal health information has been stolen by or given to someone else to use.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sound Off!

Have you received a call from these phony DEA agents? Please leave any thoughtful comments below.

Source:

Drug Enforcement Administration. “DEA Scam Alert – Extortion Scheme.” DEA. (November 28, 2012). From: http://www.justice.gov/dea/divisions/mia/2012/mia112812a.shtml

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Nationwide Telephone Scam: Phony DEA Agents Extorting Money from Victims

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Drug Enforcement Administration (DEA) is warning the public to be aware of a prescription drug scam. This telephone scheme is extorting money from people all over the country. On November 28, 2012, the DEA released a press release explaining the details of the scam.

Do Not Wire Money to Phony DEA Agents.

The scam starts with criminals posing as DEA agents calling victims by telephone. Frequently the victims will have recently purchased prescription drugs over the internet or by phone. The imposters tell the victims that purchasing the drugs in that manner is illegal, and that they must pay a fine. If the victims refuse to send money, the phony DEA agents threaten to arrest the victims or search their property. Some of the victims have also reported unauthorized use of their credit cards after purchasing the prescription drugs.

Click here to read more on this scam from a DEA press release.

The DEA wants to remind the public that no DEA agent will ever contact a person by telephone. They might show up at your house early in the morning or while you are eating dinner, however. Also, agents never request money or any other form of payment.

Purchasing Drugs Over the Internet or By Telephone May Be Illegal.

Many times it may be illegal to purchase controlled drugs by phone or over the internet. That’s why you should go to Canada to do it. There are direct flights from Orlando. However, some pharmacies that meet stringent requirements and are registered by the DEA are allowed to sell drugs over the internet or by phone. So don’t be fooled by this telephone scam.

Scammers Banking on Victims’ Ignorance and Fear.

The scammers are counting on the fact that if you have done this, you will get scared and believe their accusations. Many people have no idea whether such conduct is legal or illegal. These imposters are banking on your ignorance and fear of being arrested for a criminal act. They are also banking on the fact you won’t report this to the real police.

Where do they get this information? Chances are, they are just “cold-calling” people. There are bound to be a certain number of people they reach who have done this. However, if they seem to have your personal health information (or credit card number) report this to the police right away. Be sure to obtain a written police report. Also, you should file a HIPAA Privacy Complaint with the Office of Civil Rights (OCR) to begin an investigation if you believe your personal health information has been stolen by or given to someone else to use.

Strict Regulations and Restrictions Might Cause People to Look for Other Opportunities to Get Prescription Drugs.

It is no surprise that the DEA, along with other law enforcement agencies, has stepped up its efforts to cut down on overprescribing. To see examples of what I am talking about read my past blogs: Walgreens fights the Drug Enforcement Administration’s (DEA) immediate suspension order and Drug Enforcement Administration (DEA) pulls controlled substance licenses from two Sanford, Florida, CVS pharmacies.

If the largest, legitimate pharmacy chains in the state and nation are not allowed to fill these prescriptions, where will chronic-pain patients turn? Are these actions driving our citizens into the hands of shady pharmacies that have fewer safeguards and less accountability, such as online pharmacies? Are these actions driving our citizens to seek out illegal drug dealers and turn to illegal drugs to cope with their legitimate medical problems? That is just one opinion. Tell us yours below.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

Are the actions of the DEA driving our citizens into the hands of shady pharmacies that have fewer safeguards and less accountability, such as online pharmacies? Are these actions also driving our citizens to seek out illegal drug dealers and turn to illegal drugs to cope with their legitimate medical problems? Please leave any thoughtful comments below.

Sources:

Pavuk, Amy. “DEA Warns of Prescription-Drug Scam.” Orlando Sentinel. (November 29,2012). From: http://www.orlandosentinel.com/news/local/breakingnews/os-dea-warns-scam-internet-20121128,0,5800536.story

Drug Enforcement Administration. “DEA Scam Alert – Extortion Scheme.” DEA. (November 28, 2012). From: http://www.justice.gov/dea/divisions/mia/2012/mia112812a.shtml

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

 
“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Ex-Hospital Employee Admits to Stealing and Selling Confidential Patient Information

By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 22, 2012, a former Florida Hospital employee admitted to stealing patient information that was used to target customers for lawyers and chiropractors, according to a number of sources. The man allegedly pleaded guilty in Orlando federal court to one count of conspiracy and one count of wrongful disclosure of health information, according to the Department of Justice (DOJ). By accessing this information the man violated criminal provisions of the Health Insurance Portability and Accountability Act (HIPAA).

To read a press release on the guilty plea from the DOJ, click here.

You may remember the news story about a privacy breach at Florida Hospital back in October 2011. The breach involved more than 700,000 patient records that were accessed by the ex-employee between 2009 and 2011. We previously wrote about that story. Click here to read the blog.

Patients Received Calls from Lawyer and Chiropractor Referrals. 

Federal investigators said the ex-hospital worker was looking specifically for information on car accident victims. He would allegedly sell that information to co-conspirators.

According to the Federal Bureau of Investigation (FBI) affidavit, some patients would receive calls offering lawyer or chiropractor referrals about a week after their hospital visit.

The FBI also allegedly found payments from co-conspirators to the former hospital employee.

To read the FBI affidavit, click here.

Will the Ex-Employee Get Prison Time?

According to the Orlando Sentinel, the ex-Florida Hospital worker faces up to 15 years in federal prison for these criminal charges.

Click here to read the entire article from the Orlando Sentinel.

The man will be sentenced on January 14, 2013. Be sure to check our blog for updates to this story.

Be Sure to Get a HIPAA Risk Assessment to Avoid Violations.

As a health provider you know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. A HIPAA Risk Assessment is a thorough review and analysis of areas where you may have risk of violating the HIPAA laws. We recently wrote a blog on this subject, click here to view it.

HIPAA Privacy Complaints Are Effective.

Many individuals whose privacy is breached fail to realize how effective a HIPAA Privacy Complaint can be. These complaints, which can be filed online to the Office of Civil Rights (OCR), are fully investigated. Stiff civil fines and even criminal prosecutions may result.

Since the time period is short for filing these (180 days), the first step you should take, if your medical privacy is breached, should be to file a HIPAA Privacy Complaint.

Contact Health Attorneys Experienced in the Confidentiality of Medical Records.

Our attorneys provide advice and legal opinions on confidentiality of medical records and medical information, including HIPAA Privacy Regulation, and are available to testify as expert witnesses on these issues.

For a list of applicable Federal and Florida legal authorities on “super-confidential” medical information such as mental health, HIV and drug or alcohol treatment records click here.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

Have you been following this story? Do you think the ex-hospital employee should receive the maximum sentence? Please leave any thoughtful comments below.

Sources:

Pavuk, Amy. “Ex-Hospital Employee Pleads Guilty to Stealing Patient Information.” Orlando Sentinel. (October 22, 2012). From: http://www.orlandosentinel.com/news/local/breakingnews/os-florida-hospital-patient-records-arrest-20121022,0,5057291.story

Department of Justice. “Former Florida Hospital Employee Pleads Guilty To Data Theft.” DOJ. (October 22, 2012). Press Release From: ttp://www.justice.gov/usao/flm/press/2012/oct/20121022_Munroe.html

About the Authors: Lance O. Leider is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone:  (407) 331-6620.

George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.