Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage. As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene
Medical
Former Patient Advocate took Medical Records from Hospital, Alleges Hospital Instructed her to Destroy Them
By Jackson Lewis P.C. on
Posted in HIPAA
Approximately 233 pages of confidential patient grievance files are at the center of a legal storm in U.S. District Court for the District of Minnesota. In the case of Peterson v. HealthEast Woodwinds Hospital, the plaintiff, a former Patient Advocate, alleges she was instructed to improperly destroy medical files. According to her Complaint, this caused Peterson stress that required…
Hospitals Fire 32 Employees for Medical Privacy Breach
By Jackson Lewis P.C. on
Posted in HIPAA
The Minneapolis Star Tribune has reported that two hospitals in Anoka County, Minnesota, terminated a combined total of 32 employees for unauthorized access of electronic medical records on May 6, 2011. The two hospitals, Unity Hospital in Fridley, Minnesota and Mercy Hospital in Coon Rapids, Minnesota, are both part of the Allina Health System. In April, the Minnesota Court…
HHS Settlement Follows Enforcement Fine
By Jason C. Gavejian on
Posted in HIPAA
In a uniquely timed second showing of enforcement authority, the Department of Health and Human Services (HHS) announced on February 24, 2011 a one million dollar settlement with a Massachusetts hospital that allegedly breached patient data. This settlement announcement comes only days after HHS announced a 4.3 million dollar HIPAA Privacy Rule fine. The…