No. It might be a violation of HIPAA, but its not a theft. If someone unauthorized prints them off and takes them away then that would be a theft.is accessing someone's address from a hospital computer considered "theft of medical records?"
For what purpose is the address being accessed? Is the one using the hospital computer an authorized user?is accessing someone's address from a hospital computer considered "theft of medical records?"
Which brings us back to doe...The person that accessed the address was using it for personal reasons. The hospital did an audit of the computer and determined that only registration info was accessed, and no personal medical information. Employee admitted to accessing address and was terminated, but is there a case for "stealing medical records?"
"Depending on experience?"Which brings us back to doe...
(Your question was answered above)
The song...Do Re Mi (I added an "e" by mistake)"Depending on experience?"
There would not be a case for stealing medical records if no medical records were stolen.The person that accessed the address was using it for personal reasons. The hospital did an audit of the computer and determined that only registration info was accessed, and no personal medical information. Employee admitted to accessing address and was terminated, but is there a case for "stealing medical records?"
What was stolen?The problem that we are having is that there's no clear definition of what a "medical record" contains and if someone's address is part of that information. Statute 18-4-412 is a little vague on the definition. Can someone please direct me to where I can find something more descriptive and will say exactly what is contained in the medical record and that a person would have had to actually "steal" the information to be convicted of this?
Actually, 18-4-412 is pretty clear.The problem that we are having is that there's no clear definition of what a "medical record" contains and if someone's address is part of that information. Statute 18-4-412 is a little vague on the definition. Can someone please direct me to where I can find something more descriptive and will say exactly what is contained in the medical record and that a person would have had to actually "steal" the information to be convicted of this?
It is more what a person's purpose is in gaining access to information and what a person does with the information that is accessed than it will be the actual access itself that will determine if there is a legal action to consider (although unauthorized access under certain circumstances can be a crime).The problem that we are having is that there's no clear definition of what a "medical record" contains and if someone's address is part of that information. Statute 18-4-412 is a little vague on the definition. Can someone please direct me to where I can find something more descriptive and will say exactly what is contained in the medical record and that a person would have had to actually "steal" the information to be convicted of this?
Thank you for the additional information.The person who accessed the address was a hospital employee, but the address was of a patient who was not in the employees care, just had been a patient at one time. The address was accessed to send mail to a roommate that the employee knew was living with the former patient. An audit of the hospital computer verified that the employee had indeed accessed the patients registration information, but nothing else. Employee was terminated, and the nursing board conducted an investigation due to former patient complaints...DORA concluded that there was not a reason for further discipline. However former patient is continuing to try to press charges.