DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

CO: Medical marijuana records found near Dumpster (update3)

Posted on December 28, 2010 by Dissent

Christina Dickinson and Dave Delozier report:

It was the last thing Harold Morton expected to find while taking some recyclables out to the alley behind his home. When he walked past a Dumpster, he saw it in a cardboard box: a thick blue binder.

“I picked the book up and I opened it and right away. I noticed the top of each page; medical marijuana registry forms. The next thing I noticed is there is all these people’s personal information on each one of those sheets,” Morton said.

The forms were inside plastic sleeves and contained social security numbers and dates of birth, along with patient names, addresses and telephone numbers. The binder contained the personal and medical information of dozens of patients.

The forms were on letterhead identified as Apothecary of Colorado, a dispensary in Denver.

Read more on 9News.

The present owners of the dispensary suggest that the records may have belonged to the previous owners.

At the time of this posting, there is no notice on the Apothecary of Colorado’s web site.   Although this would appear to be a reportable breach under HIPAA, because there are less than 500 patients involved (based on the news story),    I don’t expect that we’ll see this incident on HHS’s breach tool.

Update: I realized that I may not be correct in viewing this as a reportable breach under HIPAA and am trying to verify whether medical marijuana dispensaries are covered entities under HIPAA.  As I read the language of the statute, they should be, but then, I am not a lawyer.

Update 2: HHS informs me that because a prescription is required, dispensaries are providing health care. BUT: in order to determine whether any particular dispensary is a covered entity under HIPAA, we’d need to know whether insurance companies are being billed or queried electronically or if the dispensary conducts cash-only transactions. If the former, then they’d be a covered entity. If the latter, then no. Thanks to HHS for clarifying this.

Update 3: Video of 9News coverage of the story shows a binder with hundreds of pages in it and indicates that driver’s license numbers were also included.  HIPAA releases were also visible, so it appears that AOC is a HIPAA-covered entity after all. Other coverage indicates that the files also contained copies of birth certificates.  Now the dispute boils down to who is responsible for those records and how did they get into the dumpster — was it the former owners of AOC or the current owners? Both deny responsibility.  So who will notify HHS and the patients?

Category: Health Data

Post navigation

← IN: Man billed $50,000 for medical ID theft
CO: Medical marijuana records found near Dumpster (update 2) →

2 thoughts on “CO: Medical marijuana records found near Dumpster (update3)”

  1. Anonymous says:
    January 4, 2011 at 10:17 am

    I was wondering if it has been confirmed by HHS that a medical marijuana dispensary is a covered entity or not?

    1. Anonymous says:
      January 4, 2011 at 10:23 am

      See Update 2, above. The short answer is that HHS informs me it depends on whether the dispensary bills/queries electronically.

Comments are closed.

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Resource: State Data Breach Notification Laws – June 2025
  • WestJet investigates cyberattack disrupting internal systems
  • Plastic surgeons often store nude photos of patients with their identity information. When would we call that “negligent?”
  • India: Servers of two city hospitals hacked; police register FIR
  • Ph: Coop Hospital confirms probe into reported cyberattack
  • Slapped wrists for Financial Conduct Authority staff who emailed work data home
  • School Districts Unaware BoardDocs Software Published Their Private Files
  • A guilty plea in the PowerSchool case still leaves unanswered questions
  • Brussels Parliament hit by cyber-attack
  • Sweden under cyberattack: Prime minister sounds the alarm

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Vermont signs Kids Code into law, faces legal challenges
  • Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation
  • Anne Wojcicki Wins Bidding for 23andMe
  • Would you — or wouldn’t you?
  • New York passes a bill to prevent AI-fueled disasters
  • Synthetic Data and the Illusion of Privacy: Legal Risks of Using De-Identified AI Training Sets
  • States sue to block the sale of genetic data collected by DNA testing company 23andMe

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.