HIPAA Blog

[ Monday, August 16, 2010 ]

 

Missing, but not Breached: This is a pretty bizarre story. A veteran discovered a lot of his medical records missing from the VA. Apparently, a rogue employee at the Milwaukee VFW, which assists veterans in dealing with the VA, decided to take the office paperless by shredding a lot of records of the veterans managed by them. But the missing records are medical records the VA should have, not the limited records the VFW might have, and the VA is standing by its medical record management process; they say they never had those records.

The data wasn't disclosed, so there's not a breach; and since there's no breach, there's no obligation to report under HITECH. But there is likely an improper use under HIPAA.

Hat tip: John Moehrke

Jeff [8:18 AM]

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