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Kirk Nahra Weighs In on HIPAA Criminal Violations as Part of Fraud Scheme
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a HealthcareInfoSecurity.com article about a former district manager of a pharmaceutical company who pled guilty to criminal violations related to the Health Insurance Portability and Accountability Act (HIPAA) as part of a larger complex fraud scheme involving the company at which he was employed.
“There have been a variety of HIPAA criminal penalties in situations where individuals have done things that clearly have been wrong,” said Mr. Nahra. “We’ve seen individuals go into records and use them to commit identify theft. We’ve seen hospital workers sell records to others who use them to commit fraud. We’ve seen a variety of ‘celebrity’ cases where individuals access celebrity medical records and then sell information to the media.”
Mr. Nahra emphasized that the HIPAA criminal cases all have involved “egregious wrongdoing, not misinterpretations of the rules or minor slips.” He also noted that this particular case is different from most other criminal HIPAA violation cases, because it’s part of a “much bigger overall fraud case.”
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