Health Information Management

Indiana physician improperly disposes of medical records, violates HIPAA

HIPAA Weekly Advisor, October 29, 2007

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Bloomington physician, Dr. J.B. O'Donnell, violated HIPAA when he disposed of several deceased patients' medical records without properly shredding them, according to an October 23 article on the Reporter-Times.com Web site.

After realizing the violation, O'Donnell removed the files from the dumpster in which he had disposed of them and stated that he would shred them, according to the Reporter-Times.

If convicted of violated the federal Privacy Rule under HIPAA, O'Donnell could face civil or criminal penalties, Michael Rinebold, director of the Medical Licensing Board of Indiana, told the Reporter-Times.

"He could be found liable for civil fines of $100 per violation up to $25,000 a year," Reinbold said. "Criminal penalties could range up to $50,000 and a year in prison, or $100,000 and five years in prison if he committed a violation under false pretenses."

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