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Paperwork containing the personal medical information of at least 66 patients at Massachusetts General Hospital was lost this month when an employee apparently left it on an MBTA train. The hospital sent out letters last week to patients whose identities were included in the lost paperwork, telling them the information listed their names and dates of birth, and private medical information, including their diagnoses and the name of the provider with whom they met. The material constituted billing records for patients who attended the hospital's Infectious Disease Associates outpatient practice on Fruit Street on March 4. Deborah A. Adair, the hospital's privacy officer and director of health information services, said in a statement released yesterday that while the incident was regrettable, the hospital followed privacy laws by immediately alerting affected patients and authorities, including the state attorney general's office and the Department of Consumer Affairs and Business Regulation. "[Hospital] police and security are thoroughly investigating this matter not only with an eye toward recovering the missing information but also toward making sure that this will not happen again," Adair said. "Our information privacy and security policies and procedures are among the strongest in the healthcare industry, but incidents such as this remind us that we must continue to review and revise them, as well as continue to educate our staff on best practices to avoid incidents such as this." According to hospital security reports, a manager in the infectious disease center's billing unit told supervisors that she left the paperwork on a Red Line train the morning of March 9. The manager said she had brought the paperwork home with her to work over the weekend and left the material sometime between 7:30 and 9 a.m. The Transit Police were notified, but the paperwork was not found.

"A Little Rock doctor was reprimanded and fined $500 by the Arkansas State Medical Board on Thursday for illegally accessing Anne Pressly's medical records as she lay unconscious in intensive care at St. Vincent Infirmary Medical Center before she died. Dr. Jay Douglas Holland, who has a family-practice clinic in the Hillcrest neighborhood, was also ordered to pay $265 to cover the cost of the board's investigation into the matter. Pressly, 26, was a news anchor for KATV-TV, Channel 7, when she was found raped and badly beaten in her Hillcrest home the morning of Oct. 20, 2008. She spent five days in intensive care before succumbing to her injuries."

"Doctor rapped over peeking at TV anchor's files Little Rock, Ark., doctor Jay Douglas Holland was reprimanded and fined $500 by the Arkansas State Medical Board for illegally accessing Anne Pressly's medical records as she lay unconscious in the intensive-care unit at St. Vincent Infirmary Medical Center before she died."

U.S. lawmakers need to make sure privacy safeguards are in place before pushing electronic health records (EHR) on the public, senators and witnesses said at a Senate Judiciary Committee hearing today. Health IT improvements are needed to improve the quality and efficiency of health care in the U.S., but patients might be wary of electronic health records without strong privacy safeguards built in, Sen. Patrick Leahy (D-Vt.) said. "If you don't have adequate safeguards to protect privacy, many Americans aren't going to seek medical treatment," Leahy said. "Health care providers who think there's a privacy risk ... are going to see that as inconsistent with their professional obligations, and they won't want to participate."

U.S. lawmakers need to make sure privacy safeguards are in place before pushing electronic health records (EHR) on the public, senators and witnesses said at a Senate Judiciary Committee hearing today. Health IT improvements are needed to improve the quality and efficiency of health care in the U.S., but patients might be wary of electronic health records without strong privacy safeguards built in, Sen. Patrick Leahy (D-Vt.) said. "If you don't have adequate safeguards to protect privacy, many Americans aren't going to seek medical treatment," Leahy said. "Health care providers who think there's a privacy risk ... are going to see that as inconsistent with their professional obligations, and they won't want to participate." An $825 billion economic stimulus package, called the American Recovery and Reinvestment Act, includes $20 billion targeted toward health IT efforts. The bill, which could come before the full House for a vote this week, establishes an Office of the National Coordinator for Health Information Technology, which will be responsible for driving health IT standards.

"Can personal medical data that has been stripped of its identifiers to protect privacy later be used to identify a specific person? That is the question that the Health and Human Services Department is hoping a research contractor can answer. HHS intends to hire a contractor to demonstrate either the "ability or inability" to re-identify data from a data set that has been de-identified under the Health Information Portability and Accountability Act (HIPAA) Privacy Rule, according to a Jan. 4 notice on the Federal Business Opportunities Web site. De-identification and re-identification of patient data have become hot issues in the discussion about how to protect patient privacy while advancing adoption of electronic health records. The Obama administration is distributing at least $17 billion in incentive payments to doctors and hospitals who buy and use digital systems for medical data."

Last week, the government took another step toward closing a legal loophole in federal privacy and security rules for emerging Health 2.0 information technology applications by issuing proposed rules aimed at covering an estimated 900 companies and organizations offering personal health records and electronic systems connected to them. The Federal Trade Commission was careful to point out its new interim proposed rule on federal breach notification requirements for the developers of electronic PHR systems did not apply to covered organizations or their business associates as defined by the Health Insurance Portability and Accountability Act of 1996, heretofore the key federal privacy and security regulation. The FTC, operating under new authority given it by the American Recovery and Reinvestment Act of 2009, noted that its new rule seeks to cover previously unregulated entities that are part of a Health 2.0 product mix. FTC staff estimates that about 200 PHR vendors, another 500 related entities and 200 third-party service providers will be subject to the new breach notification rule. The staffers estimate that the 900 affected companies and organizations, on average, will experience 11 breaches each per year at a total cost of about $1 million per group, per year. Costs include investigating the breach, notifying consumers and establishing toll-free numbers for explaining the breaches and providing additional information to consumers. Pam Dixon, founder and executive director of the World Privacy Forum, said that this isn't the first involvement of the FTC in healthcare-related regulation, noting the consumer protection agency joined with the Food and Drug Administration in a joint statement on the marketing of direct-to-consumer genetic tests. The FTC also has worked in the field of healthcare competition. She noted the compliance deadline with the FTC's "red flag rules" on provider organizations that provide consumer credit to patients for installment payment

"Fomer UCLA Healthcare System researcher Huping Zhou has pleaded guilty to violating parts of the Health Insurance Portability and Accountability Act and could be one of the first people in the country convicted under the law, federal authorities announced Friday. After learning he was to be let go, the 48-year-old is alleged to have accessed the UCLA patient records system 323 times during the three-week period, mostly to check out the files of celebrities, according to the U.S. Attorney's Office. The names of the targeted stars have not been revealed. Federal authorities say Zhou admitted to accessing the records -- cruising files that were not necessary to view as part of his job -- under a plea agreement. He'll face a judge for sentencing March 22. It's not clear what kind of punishment the U.S. Attorney's Office will recommend in exchange for his cooperation."

"Although physicians support the use of electronic health records, concerns about potential privacy breaches remain an issue, according to two research articles published in the January 2010 issue of the Journal of the American Informatics Association (JAMIA), in its premiere issue as one of 30 specialty titles published by the BMJ (British Medical Journal) Group, UK. "

The departments of Defense, State, and Health and Human Services have not met legal requirements meant to protect Americans' civil liberties, and a board that's supposed to enforce the mandates has been dormant since 2007, according to federal records. All three departments have failed to comply with a 2007 law directing them to appoint civil liberties protection officers and report regularly to Congress on the safeguards they use to make sure their programs don't undermine the public's rights and privacy, a USA TODAY review of congressional filings shows. An independent Privacy and Civil Liberties Oversight Board set up to monitor the departments hasn't met publicly since 2006; it no longer has members. Government missteps such as putting innocent people on terrorist watch lists and misusing administrative warrants, known as national security letters, "might have been dealt with much sooner if we had … cops on the beat to make sure there are standards that are being upheld," says Caroline Fredrickson, legislative director at the American Civil Liberties Union (ACLU). The lack of civil liberties officers at State and Health and Human Services is troubling because the departments hold passport and medical records, says James Dempsey, vice president of the Center for Democracy and Technology. "Security of that information is very important," he says, and these officers should monitor how it's used and shared. The Pentagon also has sparked concerns. Its Counterintelligence Field Activity office was criticized by the ACLU for wrongly tracking anti-war groups - a charge confirmed by the Pentagon in 2006. A 2007 law requires eight departments and agencies to have civil liberties officers and file reports. Justice, Homeland Security, Treasury, the CIA and the Office of the Director of National Intelligence have done so. Sens. Joe Lieberman, I-Conn., and Susan Collins, R-Maine, leaders of the Homeland Security committee, says departments not in compliance will b

Yet another breach of sensitive, unencrypted data is making news in the United Kingdom. This time the breach puts Royal Air Force staff at serious risk of being targeted for blackmail by foreign intelligence services or others. The breach involves audio recordings with high-ranking air force officers who were being interviewed in-depth for a security clearance. In the interviews, the officers disclosed information about extra-marital affairs, drug abuse, visits to prostitutes, medical conditions, criminal convictions and debt histories - information the military needed to determine their security risk. The recordings were stored on three unencrypted hard drives that disappeared last year. The interviews were conducted to ensure that the officers "can be trusted with sensitive government information and property," the Ministry of Defense said. But the interviews have now become a huge security risk for the officers and the Ministry of Defence, which has proven itself to be untrustworthy when it comes to guarding sensitive information and property.

With identity theft on the upswing, Aram Langhans thought he was simply being prudent when he asked the Yakima Heart Center to remove his Social Security number from its files. "They had my insurance card and my driver's license. What else did they need?" said Langhans, a retired public school teacher insured by Group Health. Langhans said he was initially hooked up to a portable heart monitor that he was to wear for 24 hours, but the disagreement over his Social Security number prompted upper-level personnel to change their minds. He said moments after the device was attached, he was sent to a restroom to remove it and turned away. Shawnie Haas, administrator of the Heart Center, an independent outpatient group practice, declined to discuss the incident. But she said in an e-mail statement that the practice protects patients' privacy. "The Yakima Heart Center is careful to collect data pertinent to ensuring accuracy of our patient's medical record. Routine information collected for all patients includes name, address, date of birth, Social Security number, gender, and other specific information that helps us verify that individual's identity and insurance enrollment or coverage data. We are careful to maintain confidentiality of all patient information in our system." According to state and federal regulators, private insurance companies have moved away from using Social Security numbers for patient identification. But health-care providers in the Yakima Valley say they routinely collect them as "backup" in the event that patients' insurance doesn't pay the claim.

The Federal Trade Commission today approved a final consent order settling claims that CVS Caremark violated customers' privacy and the Health Information Portability and Accountability Act (HIPAA) when it failed to dispose of records properly last year. Earlier this year, CVS Caremark agreed to settle FTC charges that it failed to take reasonable and appropriate security measures to protect the sensitive financial and medical information of its customers and employees, in violation of federal law. In a separate but related agreement, the company's pharmacy chain also has agreed to pay $2.25 million to resolve Department of Health and Human Services allegations that it violated HIPAA regulations. "This is a case that will restore appropriate privacy protections to tens of millions of people across the country," said FTC chairman William Kovacic following the settlement. "It also sends a strong message to other organizations that possess consumers' protected personal information. They are required to secure consumers' private information." Under the final consent order, CVS Caremark is required to rebuild its security and confidentiality program, which will be audited every two years for the next 20 years. The HHS settlement requires the company to develop a new training program to instruct employees on how to handle patient data.

Woonsocket-based CVS Caremark Corp., the largest U.S. drugstore chain, has agreed to pay $2.25 million to settle federal charges that company employees compromised customer privacy by throwing prescription records and drug bottles into open trash bins. The Federal Trade Commission said its investigation with the Health and Human Services Department followed media reports that trash bins behind CVS pharmacies contained pill bottles bearing patient names, credit-card and insurance information, and Social Security numbers. The company also did not have adequate policies for disposing of that information, and did not sufficiently train employees to dispose of the information properly, the agencies said. The items that were not properly discarded included pill bottles, medication instruction sheets, computer order forms, payroll information, job applications and credit-card and insurance information. Those labels and forms contained personal information including Social Security numbers and credit card and insurance information, and in some cases, driver's license numbers and account numbers. Names of the patients' doctors were also included. The settlement "will restore appropriate privacy protections to tens of millions of people across the country," FTC chairman William Kovacic said in a statement. "It also sends a strong message" that organizations "are required to secure consumers' private information," he said.

It's been repeatedly said that one of the biggest issues our culture is facing right now, and will continue to face in the years to come, is defining and coming to terms with the legality behind privacy issues. As our lives become increasingly wired, connected and monitored privacy becomes an increasingly pressing concern, especially since technology changes much faster than laws can keep up with. While privacy issues are important for adults to be aware of right now, from access to medical records to who can see into our houses, it's probably even more important for the next generation to know what the issues are and how it does and will affect them in the future. Prying Eyes: Privacy in the Twenty-First Century by Betsy Kuhn is a book written for teens and older kids about privacy issues today in America. It looks at new and developing technologies from cameras to RFID chips, the significant laws and court cases throughout our history that have dealt with privacy issues, and how it affects each of us. Kuhn does an excellent job of keeping her subject relevant, but not too focused. Kuhn manages to show how all of these issues matter and affect us without being scary. She never turns technology, corporations or even the government into something frightening. When this is a topic that could easily have been made scary, it's nice that Kuhn managed to walk that line and make this serious without being something to obsess over.

Consumers, who become victims of identity theft through access to public records, do not have a clue as to how they became a victim. They cannot know unless the fraudster who "legally accessed" the public information is caught and confesses that they used or sold the information for identity theft. Most often end users of stolen identities are caught, not the kingpins. Illegal immigrants who purchase identities on the street sometimes for hundreds of dollars do not know the source. * What can an identity thief do with a name and SSN? Here is a short list. * Make a fake Social Security Card (see image below) * Make a fake Medicare Card and get medical treatment and Medicare benefits * Use the fake Social Security Card to get a driver's license or passport * Get a job and government benefits. * Get credit and open new financial accounts * Get housing, utilities and phone service * Get insurance * Thieves use fake ID to elude law enforcement by pretending they are you.

Urging Privacy Protections with Health IT Privacy safeguards are needed if funds are to be provided for implementation of health IT systems in economic stimulus package. At today's news conference, the Coalition for Patient Privacy is releasing a letter sent to Congress advocating for the inclusion of privacy safeguards with any funding given to implement health IT systems in the proposed economic stimulus package. In the letter, the bipartisan coalition, representing over 30 organizations, individual experts and the Microsoft Corporation, welcomes the renewed commitment in Congress to protecting consumers over special interests, but makes clear that trust is essential to health IT adoption and participation, and only attainable with privacy protections. The coalition is calling on Congress to "A.C.T.", by providing: accountability for access to health records, control of personal information, and transparency to protect medical consumers from abuse. Consumer trust is essential to health IT adoption and participation, and only attainable with privacy safeguards. Through these three tenets, implementation of health IT is not only attainable, but would protect the right to privacy for consumers, employees, and providers.

The statement did not indicate whether the information was paper-based or downloaded electronic information, and hospital officials were not immediately available for comment. The information likely was paper-based because "it appears the patients impacted by the incident were limited to individuals born between 1988 and 1992," according to the statement.