Defendant in first HIPAA case sentenced
HIPAA Weekly Advisor, November 15, 2004
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Judge Ricardo S. Martinez sentenced former healthcare worker Richard W. Gibson to 16 months in prison for stealing the identity of a cancer patient at Seattle Cancer Care Alliance (Gibson's former employer) and running up credit card bills in excess of $9,000 in the patient's name.
This was the first national prosecution under HIPAA. In addition to the jail time, Gibson will have to pay the patient the amount of the credit card bills, plus any charges the patient incurred to settle the case (e.g., lawyer fees).
During sentencing, Gibson apologized for the crime but could not deter the judge, who reprimanded Gibson's actions. "It's true you didn't murder anyone. But in a very real sense, you committed a vicious attack on someone who was fighting for his life. You did so probably for the most basic reason of all-greed."
Gibson received the maximum allowable penalty under federal sentencing guidelines.
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