Denver: Private Patient Health Records Found in Alley

by | Sep 15, 2017

Almost 70 patient files containing sensitive personal and medical data have been found in an alley in Denver, CO.

The files include details of patients’ medical histories, insurance information, and Social Security numbers – The types of information chased by identity thieves and fraudsters. The paperwork had been placed in a dumpster accessible by the public.

The records came from the Blue Skies Clinic in Boulder, CO., which was bought more than a decade ago from chiropractor Otsie Stowell, according to Fox31, Denver. Two chiropractors took over the management the records of approximately 800-1000 patients when they bought the practice.

Some of those records were filed in the basement of the practice, which was recently cleared out. It  no clear how many records were disposed in the alley, although only 70 files were found.

The records were disposed of in error and no one at the clinic was aware that sensitive information was being stored in the basement, according to a statement released to FOX31 by one of the chiropractors, Rory Lee. Lee also apologized for the error and said the clinic will be doing all it can to rectify the situation.

HIPAA Rules state that physical records containing PHI should be disposed of securely when they are no longer required. While HIPAA Rules do not specify the method that must be used to dispose of medical information, whatever method chosen must ensure that all of the information is “unreadable, indecipherable, and otherwise cannot be reconstructed.” For physical records, HIPAA recommends “shredding, burning, pulping, or pulverizing” prior to disposal.

Similar rules are applicable to the disposal of electronic protected health information. HIPAA suggests using a method like clearing, purging, degaussing, exposing media to strong magnetic fields, or destroying electronic media by disintegration, pulverization, melting, incinerating, or shredding.

When a business is closing or about to be sold, OCR suggests covered bodies should consider contacting patients and offering them the chance to collect their medical records. If medical records are handed over to the new owners, they assume responsibility and the record must be safeguarded in accordance with the requirements of the HIPAA Security Rule.

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Ryan Coyne

Ryan Coyne is a results-driven leader in the healthcare compliance industry, specializing in regulatory compliance, compliance training, and assisting healthcare organizations and business associates in achieving and maintaining compliance. With a deep knowledge of healthcare regulations and a keen understanding of the challenges faced by the industry, Ryan has developed a reputation as a trusted advisor and advocate for ethical and compliant practices in healthcare. Ryan has successfully advised and guided numerous healthcare organizations, business associates, and healthcare professionals on achieving and maintaining compliance with regulatory training requirements. Ryan's professional focus is using his in-depth expertise and leading a world class team of subject matter experts at ComplianceJunction in regulatory compliance to help organisations navigate the complex landscape of ensuring staff adhere to healthcare regulations. You can connect with Ryan via LinkedIn and follow on Twitter

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