DA: Radiologist stole 97,000 patients’ information

A radiologist faces three misdemeanor charges for allegedly stealing the protected health information (PHI) of nearly 97,000 current and former patients of NRAD Medical Associates, the Long Island, New York, medical practice where he worked. Richard Kessler, MD, was arrested December 3 and charged with three misdemeanors under state statutes: unauthorized use of a computer; unlawful duplication of computer-related material; and petty larceny. Kessler reportedly told authorities that he accessed and copied the PHI because he was planning to start a competing medical practice, according to a spokesman for Nassau County District Attorney Kathleen Rice.

Kessler is scheduled to be arraigned in district court on Jan. 6, 2015, and faces a maximum of one year of jail time if convicted of the steepest charge. The current New York state statute for “unlawful possession of personal identification in the third degree” doesn't allow for additional criminal charges, and Rice is advocating for a change in state law to permit tougher charges in such cases, the DA spokesman said. Federal charges for HIPAA violations might be appropriate in the case, a privacy attorney said.

Source: healthcareinfosecurity.com