Cano Health ordered to destroy Optum records

Documents allegedly misappropriated

A judge has issued a temporary restraining order requiring a health care company to destroy Optum patient records and other documents allegedly misappropriated by a former employee of OptumCare New Mexico.

Cano Health New Mexico, the company named as a defendant in Optum’s lawsuit, has fired the two former Optum employees at the center of the dispute, court records show.

OptumCare New Mexico filed a lawsuit alleging that a former Optum employee used a personal email account to obtain confidential medical information for more than 24,000 Optum patients for the benefit of Cano Health.

The suit alleges that Giancarlo Martinez accepted a job at Cano Health on June 1 while he was still employed by Optum. He resigned from Optum on July 8.

While “dually employed” by both companies, Martinez emailed large data files containing Optum patient records and internal reports to his personal email account, the suit alleges.

The order issued Oct. 20 by 2nd Judicial District Judge Nancy Franchini requires Cano to search “all computers servers, databases and email accounts, for Optum patient lists, reports, and other documents prepared by Optum” and to delete or destroy all the records.

Cano was to comply with the order by the end of October and report the results to the court.

The lawsuit alleges that Martinez and his supervisor at Cano, Shaun Burns, used the information to recruit Optum physicians and patients to move to Cano Health.

It alleges that Martinez and Burns acquired Optum’s confidential and trade secret information without consent and intended to use the data on behalf of Cano Health. Both men are identified as defendants in the suit.

Burns’ attorney Matt Beck, wrote in an Oct. 14 response that Burns has been “labeled a bad actor in the case only because of guilt by association.” In a recent interview, Beck said his client did not take or misuse any Optum records.

“Mr. Burns never misappropriated any information from Optum,” Beck said. “He didn’t use any information that was allegedly taken from Optum.”

An attorney representing Martinez did not immediately respond to a request for comment.

Burns was employed by Optum as director of clinical operation for primary care from February 2019 through September 2020.

Martinez was site administrator for Optum’s clinic in the 2900 block of Coors NW from February 2019 to July 8.

In a response filed Oct. 13, attorneys for Cano Health said the company had no knowledge of the alleged activities of the two former Optum employees, or that Martinez was dually employed by both companies.

When the company learned of the allegations, Cano Health performed an internal investigation and terminated both men, the response said. Martinez was fired on Sept. 27, and Burns on Oct. 6.