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Breach into 'Octuplet Mom's' medical records highlights privacy issues again

March 31, 2009 | Bernie Monegain, Editor

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BELLFLOWER, CA – Fifteen Kaiser Permanente employees have been fired and another eight disciplined for sneaking a peek at the medical records of octuplet mother Nadya Suleman, the Los Angeles Times reported Monday.

The incident puts the spotlight once again on what some critics say are security and privacy issues that threaten to stall the adoption of healthcare information technology.

The babies - six boys and two girls - were delivered at Kaiser's Bellflower Medical Center near Los Angeles on Jan. 26. Since then, they and their mother have been the subjects of media frenzy.

Computer breaches at Bellflower were discovered about 10 days ago and reported to state authorities and to Suleman, according to the Los Angeles Times, which quotes Kaiser spokesman Jim Anderson.

The breach is the latest in a spate of unauthorized looks into celebrity medical records.

A report by the American Health Information Management Association (AHIMA) - released in April 2008 following a rash of security violations that included the medical records of actor George Clooney and singer Britney Spears - asserted that employee training is critical for keeping records safe, and a lack of training may have been the cause of the health record breaches.

Dan Icenogle, MD, medical director and health law attorney, said the biggest problem with the advent of electronic health record systems is the failure of entities to understand and implement proper controls.

"It illustrates both sides of the issue," he said. "On the one hand, it's easier to access an EHR than paper records (if access security is not in place). On the other hand, because of log-in and audit features, it's possible to know every part of the record that was accessed, and by whom."

At a Senate Judiciary Committee hearing in January on healthcare IT measures in the economic stimulus package, Committee Chairman Sen. Patrick Leahy (D-Vt.) said many Americans would not seek medical treatment if they feared their sensitive health information would be disclosed without their consent.

"Today if you have an electronic health record, you have a health privacy problem," Leahy said. "We have to make sure personal privacy is protected."

At the same time, if providers see electronic health records as a privacy risk, they won't want to use them, Leahy said.
 

Related Topics:
  • BELLFLOWER
  • Los Angeles Times
  • Nadya Suleman
  • Patrick Leahy
  • stimulus

Reader Comments (2)Login to Post a Comment

Annie Ory says: Perspectives...
April 01, 2009 | 12:41PM GMT

Francis Farmer, a famous movie star, was hospitalized for insanity at Western State Hospital in Washington in May 1945. It was not her first hospitalization for mental disorder. During her time there male orderlies regularly violated her while she was restrained in bed and sold passes to non-staff members to do the same. This was clearly a violation of hospital policy and such behavior was, in part, what the orderlies were there to protect against.

I make note of this not to horrify you, though it is horrifying, but to point to the fact that the very idea of privacy in medical record keeping is a relatively new one and is an ideal which has never been neared, let alone achieved. The idea has reached critical mass at a time when it is now unlikely to ever be realized. We live in a digital world where brilliant people spend their time trying to break the codes and systems that protect your privacy down for personal gain. People steal things that have value. It has been so since the dawn of time and it will be so as long as there are men and women living on the planet. If there is gain to be had in accessing your records someone will find a way to access them.

Ms. Suleman is a famous person, by choice, and her medical records are therefore a commodity. The people who accessed them didn't need more "training". They were likely paid by outside sources to do it. That is why they were fired and we all know it. No amount of training will stop that. In fact, the more the employees know about the system the easier it is to break into should they choose.

A friend of mine, a surgical nurse who worked for several high end plastic surgeons in Southern California told me that a co-worker of hers had disclosed (in a drunken episode during a conference they attended together) that her retirement plan was to spend her last year snapping secret photos with a spy cam during the surgeries of some of the famous people she was exposed to in the operating room. She would save them and after she quit, privately and discreetly "shop" them to several star mags. She would make more for the sale of those photos than she earned in her entire nursing career she said. Of course, in the morning she assured my friend that she would never do such a thing. We'll see. As long as humans provide medical care our privacy will NEVER be assured. The only thing we can do to protect ourselves from invasion of privacy is to punish those who would use the information they retrieve against us. Even then, I am not clear how it will ever be truly secure.

The benefits of technology must be weighed against the dangers, no differently than anything else. If the benefits are more efficient, safer, cheaper and more accessible health care and the dangers are that our privacy is not assured (which it currently is not) then clearly the benefits outweigh the risks.

We must continue to try to secure medical privacy for patients, but we must not allow that assurance to keep us from using the tools that will allow us to best serve patients in caring for their health.

djcarter says: Privacy, EHR vs paper records
March 31, 2009 | 6:25PM GMT

"Fifteen Kaiser employees have been fired". Why? Because there was an electronic audit trail showing everyone who had access Ms. Suleman's healthcare record. In the paper world, there is not that audit trail. We all have seen paper charts carelessly left on office desks. I have even seen a stack of hundreds of medical charts in a cart, abandoned by the courier while going outside for a cigarette. The idea that information is less safe in electronic form is a fallacy, in my opinion.

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