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IRS faces class action lawsuit over theft of 60 million medical records
http://www.healthcareitnews.com/news/irs-face-lawsuit-over-theft-60-million-patient-health-records
IRS faces class action lawsuit over theft of 60 million medical records
California HIPAA-covered entity sues big time
Erin McCann, Associate Editor
SAN DIEGO | March 15, 2013
The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.
According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.
"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.
According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.
The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.
IRS faces class action lawsuit over theft of 60 million medical records
California HIPAA-covered entity sues big time
Erin McCann, Associate Editor
SAN DIEGO | March 15, 2013
The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.
According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.
"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.
According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.
The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.
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IRS faces class action lawsuit over theft of 60 million medical records (Original Post)
bananas
May 2013
OP
Let's see how fast Holder declares the medical records theft involves homeland security
MotherPetrie
May 2013
#3
RKP5637
(67,101 posts)1. Yet another WTF! n/t
factsarenotfair
(910 posts)2. I wonder if this is marijuana related.
MotherPetrie
(3,145 posts)3. Let's see how fast Holder declares the medical records theft involves homeland security
and gets a judge to shut the investigation down.
BanzaiBonnie
(3,621 posts)4. If you've signed a HIPPA agreement, which is required by law
in order to offer treatment, I think your records can go to the government at any time. At least that's the way I read it when I signed it. I also lodged a complaint in the doctor's office each time I had to sign it.
Perhaps someone can tell me I'm wrong on this, but I believe it's an agreement to let the government into your records.