DataBreaches.Net

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

Psychiatrist facing federal charges in HIPAA case acquitted by judge

Posted on November 4, 2011 by Dissent

I’ve mentioned this case before on this blog, but now new details have emerged in this case. Tim McGlone reports:

A psychiatrist faces trial in federal court on charges of illegally disclosing medical information of a Virginia state trooper who had been in his care after being held hostage and raped over three nights.

Prosecutors said this could be the first prosecution nationwide of a physician for violating the Health Insurance Portability and Accountability Act, known as HIPAA, which went into effect in 2003. The act prohibits disclosure of health records unless the patient gives consent.

Jury selection and testimony began Tuesday in U.S. District Court, where Dr. Richard Alan Kaye, the former medical director of psychiatry at Sentara Obici Hospital in Suffolk, faces three counts of wrongfully disclosing an individual’s health information.

Kaye was working at Obici in 2007 when the female trooper came to him for treatment. Kaye diagnosed her with post-traumatic stress disorder stemming from the attack in her home several months earlier.

But the trooper wasn’t happy with the way Kaye was treating her and left after 16 days. She filed a complaint with the hospital and, according to federal prosecutors, he lost his job as a result. The Virginian-Pilot does not disclose the identity of rape victims.

At the time, Kaye reported that the trooper left his care in stable condition and he did not consider her to be a danger to herself or others, according to the indictment.

The trooper sought treatment elsewhere, and during a 48-hour period in early 2008 she was involuntarily committed to a psychiatric hospital in Petersburg, where her new counselors found her to be overly frantic, a prosecutor said. She was released in her own care after an evaluation.

Prosecutors allege that in a moment of vindictiveness, Kaye reported to the trooper’s supervisors that she had been involuntarily committed and was a danger to herself or others.

“Dr. Kaye seized the opportunity to retaliate against her,” Assistant U.S. Attorney Alan M. Salsbury told the jury.

Kaye denied the charges and is expected to testify that he had a genuine concern about the safety of the trooper and those around her when he called her supervisors.

Read more on The Virginian-Pilot.

Although the case sounded intriguing, it was over quickly and Dr. Kaye was acquitted without ever having to present a defense to the jury.  The court acquitted Dr. Kaye from the bench based on insufficient evidence presented by the prosecution to sustain a conviction.

 

 

No related posts.

Category: Health Data

Post navigation

← Yet another pointless account dump, hundreds dumped from www.jjs2.com
www.podiatry.com hacked →

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

  • Integrated Oncology Network victim of phishing attack; multiple locations affected (2)
  • HHS’ Office for Civil Rights Settles HIPAA Privacy and Security Rule Investigation with Deer Oaks Behavioral Health for $225k and a Corrective Action Plan
  • HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations
  • Credit reports among personal data of 190,000 breached, put for sale on Dark Web; IT vendor fined
  • Five youths arrested on suspicion of phishing
  • Russia Jailed Hacker Who Worked for Ukrainian Intelligence to Launch Cyberattacks on Critical Infrastructure
  • Kentfield Hospital victim of cyberattack by World Leaks, patient data involved
  • India’s Max Financial says hacker accessed customer data from its insurance unit
  • Brazil’s central bank service provider hacked, $140M stolen
  • Iranian and Pro-Regime Cyberattacks Against Americans (2011-Present)

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

  • On July 7, Gemini AI will access your WhatsApp and more. Learn how to disable it on Android.
  • German court awards Facebook user €5,000 for data protection violations
  • Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher
  • Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law
  • US healthcare offshoring: Navigating patient data privacy laws and regulations
  • Data breach reveals Catwatchful ‘stalkerware’ is spying on thousands of phones
  • Google Trackers: What You Can Actually Escape And What You Can’t

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.