WRCBtv.com | Chattanooga News, Weather & SportsState Tells Eyewitness News It Plans to Get Involved With Dumped Medical Records

State Tells Eyewitness News It Plans to Get Involved With Dumped Medical Records

Updated Wednesday 6:00 P.M.

Lauren Brown
Eyewitness News Reporter

CHATTANOOGA, Tenn. (WRCB) -- We've uncovered new details on the thousands of medical files found in a recycling dumpster in Hixson last weekend.

The State tells Eyewitness News it plans to get involved with the investigation.

State Department of Health officials say it's a possible HIPAA violation and it could result in disciplinary action for any doctors involved with dumping those records.

And now that the State Medical Examiners Board is aware of the situation and they're planning to investigate starting with contacting Chattanooga Police.

It's an investigation Chattanooga Police are not taking lightly.   With thousands of unshredded medical records in their possession they don't want to make any mistakes when it comes to the investigation.

"Until we can find out specifically what we're supposed to do with the files we're just in a holding pattern," said Sgt. Jerri Weary, with the Chattanooga Police Department.

That's why the files have not been touched or seen since Saturday.

We asked police where the files are being kept and were told the location is not being revealed at this time. But we do know the files are in a safe place and they are not at the police department. 

We contacted the State Medical Examiner's Board about the issue.

"When there's a possibility of compromising an individuals identity, putting their information out there for anyone to come across is something we take very seriously," said Andrea Turner, Communications Director for the Tennessee Department of Health.

State investigators tell us they'll be in touch with police.

"To review those records to see if we can determine to whom they belong or who might have been responsible for attempting to dispose of them," said Turner.

And with unshredded files, there's several possible violations, including HIPAA, depending on what information is found in the files during the investigation.

"It sounds like these circumstances could be grounds for disciplinary action of the individual or the license for the facility determining who's involved," said Turner.

Once the state investigates the situation they will look into the disposal process of the files, who is responsible, and what disciplinary actions need to be taken.

HIXSON, Tenn. (WRCB) -- It's a scary situation. All of your personal information is in those records. You trust your doctor to handle them and not release them to anyone they shouldn't or even worse have them thrown in a dumpster like trash.

"Since 2004, everything from that point on is either in a dumpster, in a box, or in a closet with an air conditioner. I don't know," said Patricia Mallard.

Mallard has no idea where her husband's medical records are. Five months ago her doctor retired and transferred her family's records to another physician. Now they can't find them.

"If they're going to be responsible for our medical records, who's guaranteeing or maintaining those records like you or I would?" questioned Mallard.

Now Mallard fears her husband's are among the 4,000 patient records that police say were found in a recycling dumpster in Hixson on Saturday.

"I kind of got alarmed wondering if that was our records because it's not far from here, so I called and my doctor's office and they said no your records never arrived," said Mallard.

They're still looking for them. A check on state law says a doctor can transfer your medical files if they're retiring or closing and if they give notice. You also can't have your original records because they belong to the office. We also contacted the Chattanooga Medical Society they recommend keeping copies of everything.

"It's good for you to have a copy of your records, to have notes about the tests you've had, the conditions you've had," said Rae Bond Young.

But with thousands of files found in a dumpster and her husband's records still missing Mallard fears the worst.

"20 years of Navy career and all his and all his disable records from the military all the stuff that he had to file with the military to get his disability you know all that stuff is just gone," said Mallard.

We've learned there are multiple doctors being investigated regarding the files found in the dumpster.   Police are meeting with hospital administrators regarding the records and HIPAA so they know how to handle them.

Doctors are required to maintain records for at least 10 years and they're supposed to shred them when disposed of.

Updated Monday 5:30 p.m.

CHATTANOOGA (WRCB) -- New details in the case of medical records, dumped in a recycling bin.  We now know who the records belonged to, but why they weren't destroyed, is still a mystery.

The recycled bin is now a hot topic in Chattanooga.  Saturday, a customer was dropping of his recycling, when he found hundreds of medical documents laying out for everyone to see.

"People don't think that information is important until they find it in a dumpster," explained Scottie Swafford.  Swafford is the president of an organization of records managers, trying to keep people in his profession informed on the proper way to dispose of documents.

Unfortunately, Swafford isn't surprised to hear what happened.  He follows strict guidelines in the records department an Unum insurance, but they're guideliness, Swafford knows many companies ignore.

Swafford added, "We don't know how that information ended up in the dumpster.  It could have been anything, even a mistake, so it's a fine line to see if that broke any type of laws."

That's just one of several questions Chattanooga police are trying to answer.  Right now, no one knows who dumped the documents.

Sgt. Jerri Weary explained, "It'll be a painstaking process. It's going to take a while."

But Hutcheson Medical Center was able to shed more light.  The Fort Oglethorpe hospital launched its own investigation, because Hutcheson was named in some of the documents.

A spokesperson for Hutcheson tells Eyewitness News, "It is still unknown who had possession of the records, but at no time were these records property of Hutcheson.  Our investigation showed that the physician was a plastic surgeon who held medical staff privileges... between the years of 1994 and 2001."

Eyewitness News learned that plastic surgeon died in 2007.  Still, Swafford says someone should have shredded the old records.

"If you give your personal information to a doctors office, or any type of company, make sure that you know how they handle that information," said Swafford.  "Make sure your information's protected."

Chattanooga police say it'll take several days to complete their investigation and determine who dumped the medical records here at the recycling center.  Once that investigation is complete, they'll hand it off to federal prosecutors.  It'll be up to them to determine if this violates federal privacy laws.

Updated Monday 2pm

Officials with Hutcheson Medical Center say they are not the source of the medical records dumped at the Dupont Recycling Center.

Here is the statement released to Channel-3 Eyewitness News:

Officials at Hutcheson Medical Center were contacted Saturday afternoon in regards to the discovery of medical records found at the Dupont Recycling Center in Chattanooga, TN. In contrast to information reported by a Chattanooga television station (editor's note: not reported on Eyewitness News or WRCBtv.com), the records were not those of Hutcheson Medical Center but appear to be physician office records.  Our investigation showed that the physician was a plastic surgeon who held medical staff privileges at Erlanger Health System, Memorial Health Care System, Parkridge Medical Center, Parkridge East Hospital, and Hutcheson between the years of 1994 and 2001. The records contained information from the various hospitals where the physician practiced. 

It is our understanding that this physician relocated to North Carolina in 2001 and expired in 2007.

It is still unknown who had possession of the records, but at no time were these records property of Hutcheson.   It is unknown as to why it was only reported that the records were associated with only Hutcheson Medical Center

We regret any undue concern this may have caused any patients of Hutcheson Medical Center.  Hutcheson is committed to the privacy and security of all confidential patient information and at no time were our system's hospital records compromised.

Saturday:

By David Carroll
dcarroll@wrcbtv.com

Chattanooga Police report finding sensitive medical and financial records at a city recycle center located at 4500 N. Access Road in Hixson.  Sgt. Jerri Weary says the records found are sensitive in nature and are being collected for the safety of the patients.

Police spent Saturday afternoon gathering the documents and taking them to a secured storage area.   They received a call stating that medical records had been discarded at the recycle center that were sensitive in nature.

Sgt. Weary said, "The responding officer located records which included financial statements and patient information.   It is unknown at this time who disposed of the records or how long they've been there. Because the records have information believed to be protected under HIPPA laws, they are being collected from the recycle center until an investigation into the process for proper disposal as well as those responsible for discarding the records, can be completed."