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Consumer group sues Kaiser Foundation over patient privacy violations

Compliance Monitor, March 24, 2004

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The California Consumer Health Care Council (CCHCC) filed a representative-action lawsuit March 15 against Kaiser Foundation Health Plan Inc. for allegedly unlawfully disclosing patients' private medical information.

The council, a consumer healthcare advocacy group, alleges that Kaiser, based in Oakland, CA, is invading patients' privacy and violating California law because of the way its legal department handles patients' medical records, says CCHCC Chairman John Metz.

CCHCC alleges when Kaiser learns of a suit or potential suit by a patient, its legal department views the patient's medical records without proper patient authorization. This alleged review by Kaiser's legal department is inappropriate, says Metz, because Kaiser's legal employees have no role in actually providing treatment to the patient.

"I believe California law clearly protects what little is left of our medical privacy, and that this conduct clearly violates it," Metz says.

Kaiser Permanente lawyers and their staff do access medical information in order to respond to claims and in the course of litigation, but they do it with the patient's rights in mind, says Spokeswoman Kathleen Barco.

"We can assure you that Kaiser Permanente is very concerned about protecting our patients' medical information," Barco says. "Kaiser Permanente policies make it clear that anyone who has access to medical records must agree to keep them confidential."

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