Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. More than decade long snooping of patient records finally brought to lightArticles

    Article

    More than decade long snooping of patient records finally brought to light

    July 20, 2021

    Share

    By Jéna Grady

    The Aultman Health Foundation (Aultman), an Ohio-based health system with more than 7,000 employees, announced that the patient records of more than 7,000 patients may have been accessed by an employee without authorization for whom such access was outside their job duties.

    On June 25, 2021, the Aultman Health Foundation (Aultman), an Ohio-based health system with more than 7,000 employees, announced that the patient records of more than 7,000 patients may have been accessed by an employee without authorization for whom such access was outside their job duties. While the employee did not provide direct care, they had access to electronic health records because part of their job was to coordinate patient care. According to Aultman, the employee may have impermissibly accessed patients’ names, addresses, birthdates, Social Security numbers, insurance information, and diagnosis and treatment information.

    The Aultman employee accessed patient records without authorization between September 14, 2009, and April 26, 2021. Such access without authorization is considered “snooping.”

    Snooping usually occurs when an employee views patient records of their friends, family, work colleagues, or a celebrity without authorization because the employee is curious about why such person is there and what treatment they are receiving. However, due to the COVID-19 pandemic, staff may also be further tempted to view more patient records without authorization to identify patients’ coronavirus status.

    Snooping is considered a breach under HIPAA. HIPAA provides three exceptions to the definition of “breach.” One exception applies when an employee of a covered entity accesses or uses protected health information unintentionally, but in good faith and within the scope of authority. However, the Department of Health and Human Services Office for Civil Rights has provided that this exception does not apply to snooping employees because snooping is neither unintentional nor done in good faith.

    The Aultman employee was terminated and Aultman is implementing new training for employees to mitigate any future snooping of patient records. However, given the extensive time period of the snooping by the Aultman employee, regulators may review whether Aultman had appropriate policies, procedures, and safeguards in place to address snooping. For example, regulators may analyze whether Aultman had police and procedures in place to monitor access to patient records and periodically audit access logs of its employees.

    Aultman will be providing free credit monitoring and identity theft protection for patients whose Social Security numbers may have been compromised.

    PrivacyHealthcareHealth Care And HipaaHealthcarePrivacyData BreachCybersecurity

    Practices

    HealthcareHealth Information - Privacy, Security, and Data SharingCybersecurity & Privacy

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL