HIPAA Enforcement & Identity Theft

A recent indictment in Florida presents a novel prosecution theory -  state identity theft becomes a HIPAA violation. The Indictment charges conspiracy and computer fraud, but also adds a count of wrongful disclosure of identifiable health information. Information is allegedly compromised by a medical clinic's employee who steals patient information and then allegedly sells this information. As opposed to proceeding with a state theft charge, the government decides to proceed with a federal prosecution, because after all - if the allegations are accurate - the information is covered under HIPAA.

The Indictment can be found here.

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