HOUSTON--Police have charged an employee of Houston's largest
hospital system with commercial bribery and the theft and sale of
confidential patient information to personal injury lawyers, a Harris
County prosecutor told BNA Sept. 2.
Juvenal Cabellero Guerrero, who processed records of patients who
died at Memorial Hermann Hospital, was arrested Aug. 25, Harris County
Assistant District Attorney Lester Blizzard said.
The defendant allegedly sold for $500 15 patient "lead
sheets" to an employee of Industrial Safety Consultants of
Houston, which works with the personal injury lawyers. The sale
occurred Aug. 20 during a sting operation at a restaurant near the
hospital in the Texas Medical Center. An investigator for the county
attorney's office observed the transaction, according to police
records.
The case will be presented to a Harris County Grand Jury, which
will make the decision on whether to indict Guerrero, Blizzard said.
The defendant is being held on a $100,000 bail.
County prosecutors said Guerrero sold hospital admission
information including the patient's name, address, and phone number,
insurance information, and type of injury. According to court
documents, various attorneys used the hospital patient admission
records to solicit legal services from patients that had sustained
injuries.
Blizzard said the case is an ongoing investigation and he expected
to bring other individuals "to the bar of justice."
The Harris County District Attorney's office is taking a "very
severe look" at this case and will do its best to prosecute
individuals involved, Blizzard said.
Investigators are now examining obtained records from Industrial
Safety Consultants, he said.
Attorneys who solicit professional employment from accident victims
are guilty of barratry, Blizzard added.
Beth Sartori, vice president for Memorial Hermann Hospital, said
the health care facility takes patient confidentiality "very
seriously" and has been working for three years to make sure it
is compliant with requirements of the federal Health Insurance
Portability and Accountability Act privacy regulation.
Criminal sanctions, as well as civil penalties, are available under
the rule for instances of willful misconduct. The U.S. Attorney's
Office in Houston declined to comment on whether it was investigating
Guerrero.
"We are cooperating with the authorities as they continue
their investigation and at the same time are conducting our own
internal investigation to determine the extent of theft
activities," Sartori said.
Memorial Hermann fired Guerrero on the day of his arrest.
Industrial Safety Consultants did not comment on Guerrero's arrest
or the investigation.