Doctor Faces HIPAA Privacy Violation Charges for Over Sharing Patient Information

Thursday, March 1, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 26, 2018, a pediatric cardiologist was charged with wrongfully disclosing protected health information in Massachusetts federal court.  Prosecutors alleged that in 2013, Dr. Eduardo Montaña disclosed patient data to representatives of Aegerion Pharmaceuticals.


The Alleged HIPAA Privacy Violations.  

Prosecutors said that Dr. Montaña violated the Health Insurance Portability and Accountability Act (HIPAA) by sharing electronic medical records and prescription forms with representatives of Aegerion in 2013 without patient permission.  He also allegedly gave his personal access code for an electronic medical records system to an Aegerion representative in March 2013 so the employee could review the patients’ health information without the patient's knowledge or permission. That unauthorized disclosure constitutes a violation of HIPAA, prosecutors alleged.

Click here to read the court document in full.


The Consequences of HIPAA Violations.


The failure to comply with HIPAA can result in both civil and criminal penalties.  There has been an increase in penalties regarding HIPAA violations. With an increase in the popularity and availability of social media platforms, also comes an increase in potential privacy violations. To read a previous blog I wrote on this, click here.


Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.


The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other health care providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.


Sources:

Posses, Shayna. “Doctor Charged Over Sharing Patient Info With Aegerion.” Law360. (February 26, 2018). Web.

Raymond, Nate. “Georgia doctor to plead guilty to disclosing patient info to Aegerion.” Reuters. (February 27, 2018). Web.


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.


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3/1/2018

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