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Houston Hospital Employee Charged With Theft, Sale of Patient Information

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.


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