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OAKLAND - Kaiser fined $200,000 for posting patient data on Web
San Francisco Chronicle (CA) - June 21, 2005
Author/Byline: Henry K. Lee, Chronicle Staff WriterEdition: FINALSection: BAY AREAPage: B3
A state agency has fined Kaiser Foundation Health Plan $200,000 for putting confidential patient information on a Web site, a breach first made public by a controversial Internet blogger and former Kaiser employee who dubs herself the "Diva of Disgruntled."
The state Department of Managed Health Care concluded that in 1999, Kaiser created a Web site, used as a testing portal, that contained names, addresses, phone numbers and, in some cases, lab results of some 150 patients.
Kaiser set up the site without the patients' consent, the state agency said Monday.
"Not only was this a grave security breach, Kaiser did not actively work to protect patients until after they had been caught," agency director Cindy Ehnes said in a statement.
"We're imposing this fine because we consider this act to be irresponsible and negligent at the expense of members' privacy and piece of mind."
Kaiser allowed the site to languish, accessible, on the Web and did not remove it until Elisa Cooper, a former Kaiser Web technician, brought the matter to federal civil rights officials in January, the agency said.
Kaiser also failed to inform state regulators until after the media began reporting on the issue in March, the agency said.
Kaiser spokesman Rick Malaspina said the Oakland-based health maintenance organization accepts the finding.
"We're not going to dispute it," he said. "It's a rare one for us. I would call it an anomaly. It was regrettable but instructive, and we've taken steps to correct it."
Kaiser is suing Cooper, 35, of Berkeley in Alameda County Superior Court. The HMO said Cooper's posting of links to Kaiser patient data is an invasion of privacy and breach of contract, despite her termination in 2003.
Cooper has denied any wrongdoing, maintaining that she discovered and revealed the information last July to highlight security problems -- and that Kaiser was to blame for the breach.
On her blog Monday, Cooper blasted Kaiser for "randomly making stuff up" about her role in the case. "They need to stop smearing me and trying to frame me, and start looking at the people who actually posted the patient information on the Web."
But Malaspina said Cooper's actions were a clear violation of company policy.
"What she did was unlawful, and we will vigorously pursue that," he said.
Memo: E-mail Henry K. Lee at hlee@sfchronicle.com.
Index terms: Ca. Department of Managed Health Care; Elisa Cooper; Kaiser Foundation Health Plan; BIOGRAPHY; FINES; HOSPITALS; INFORMATION; INTERNET; LAWSUITS; ORGANIZATIONS; PRIVACYRecord: 3404339Copyright: Copyright 2005 The Chronicle Publishing Co.
OAKLAND - Kaiser fined $200,000 for posting patient data on Web
San Francisco Chronicle (CA) - June 21, 2005
Author/Byline: Henry K. Lee, Chronicle Staff WriterEdition: FINALSection: BAY AREAPage: B3
A state agency has fined Kaiser Foundation Health Plan $200,000 for putting confidential patient information on a Web site, a breach first made public by a controversial Internet blogger and former Kaiser employee who dubs herself the "Diva of Disgruntled."
The state Department of Managed Health Care concluded that in 1999, Kaiser created a Web site, used as a testing portal, that contained names, addresses, phone numbers and, in some cases, lab results of some 150 patients.
Kaiser set up the site without the patients' consent, the state agency said Monday.
"Not only was this a grave security breach, Kaiser did not actively work to protect patients until after they had been caught," agency director Cindy Ehnes said in a statement.
"We're imposing this fine because we consider this act to be irresponsible and negligent at the expense of members' privacy and piece of mind."
Kaiser allowed the site to languish, accessible, on the Web and did not remove it until Elisa Cooper, a former Kaiser Web technician, brought the matter to federal civil rights officials in January, the agency said.
Kaiser also failed to inform state regulators until after the media began reporting on the issue in March, the agency said.
Kaiser spokesman Rick Malaspina said the Oakland-based health maintenance organization accepts the finding.
"We're not going to dispute it," he said. "It's a rare one for us. I would call it an anomaly. It was regrettable but instructive, and we've taken steps to correct it."
Kaiser is suing Cooper, 35, of Berkeley in Alameda County Superior Court. The HMO said Cooper's posting of links to Kaiser patient data is an invasion of privacy and breach of contract, despite her termination in 2003.
Cooper has denied any wrongdoing, maintaining that she discovered and revealed the information last July to highlight security problems -- and that Kaiser was to blame for the breach.
On her blog Monday, Cooper blasted Kaiser for "randomly making stuff up" about her role in the case. "They need to stop smearing me and trying to frame me, and start looking at the people who actually posted the patient information on the Web."
But Malaspina said Cooper's actions were a clear violation of company policy.
"What she did was unlawful, and we will vigorously pursue that," he said.
Memo: E-mail Henry K. Lee at hlee@sfchronicle.com.
Index terms: Ca. Department of Managed Health Care; Elisa Cooper; Kaiser Foundation Health Plan; BIOGRAPHY; FINES; HOSPITALS; INFORMATION; INTERNET; LAWSUITS; ORGANIZATIONS; PRIVACYRecord: 3404339Copyright: Copyright 2005 The Chronicle Publishing Co.