The Catoosa County News provides a follow-up on a case I had reported here:
The family member of the doctor whose sensitive medical records were found in a dumpster in Hixon, Tenn., two weeks ago will not be charged with any crime.
According to Jerri Weary, public information officer with the Chattanooga Police Department:
The records were found improperly discarded on May 16 when a family member of cosmetic surgeon John Franklin cleared out a home storage area where the medical records had been held since Franklin’s death.
Because the records contained patient-sensitive information, the Chattanooga Police Department was called to recover the records from the recycling center and to determine whether discarding the files was a violation of HIPPA laws and standards.
HIPPA standards state that in order for prosecution to occur, there must be intent of “malice” or “financial or personal gain” if medical information is revealed.
Since there is no state law governing medical records and no proof of malicious, personal or financial gain in the discarding of the records, no charges will be filed against Franklin’s family member.
With advice from the Tennessee State Medical Board, Chattanooga police determined that the records should be returned to Franklin’s estate for proper storage or disposal.
The medical facilities where Franklin performed procedures were in no way responsible for the discarding of the records and played no part in this incident.
Franklin’s estate took possession of the records last week and immediately destroyed the files.