Northwest Arkansas Democrat-Gazette

Medicaid data breach hits state

Email puts medical privacy of 26,000 patients in jeopardy

- ANDY DAVIS

The confidenti­ality of more than 26,000 Medicaid recipients’ medical informatio­n was broken earlier this year, state officials said Friday as they prepared to notify those individual­s about the breach.

The informatio­n — including names, medical procedure codes, birth dates, diagnoses and Medicaid identifica­tion numbers — was sent to a fired Department of Human Services employee’s personal email account, a department spokesman said Friday.

The department discovered the informatio­n in an email on Aug. 7 while conducting research for its defense of a federal lawsuit filed by Yolanda Farrar over her dismissal from her job as a payment integrity coding analyst, spokesman Amy Webb said.

The email was sent to Farrar’s personal account on March 23 “within minutes” of a discussion over issues that led to Farrar’s firing the next day, Webb said.

The email was also sent to “a few select people,” including an employee of the federal Equal Employment Opportunit­y Commission and Farrar’s attorney, Webb said.

“We’re working now to

see if we can get that informatio­n back,” Webb said.

After her firing from the department’s payment integrity unit, Farrar was hired as a nurse at the State Hospital on Aug. 14, Webb said.

She was fired from that job Thursday after an investigat­ion into the privacy breach, Webb said.

“We can’t have someone working at the State Hospital who has disclosed or breached confidenti­ality for 26,000 people,” Webb said. “We’ve got patients at that hospital, and we’ve got to protect their privacy.”

In some cases, a Medicaid number is the same as a recipient’s Social Security number although the department stopped using Social Security numbers as Medicaid identifica­tion numbers several years ago, Webb said.

Department policy prohibits copying, recording or disclosing confidenti­al informatio­n without authorizat­ion.

Webb said informatio­n about the policy violation has been sent to the U.S. Department of Health and Human Services, which enforces violations of federal health privacy laws, and will also be sent to the Pulaski County prosecutor’s office.

The department was also planning to mail notices to the recipients and their health care providers whose informatio­n was contained in the email. Informatio­n about the confidenti­ality breach was also posted to the department’s website, humanservi­ces.arkansas.gov.

Attempts to reach Farrar by phone were unsuccessf­ul Friday. Memphis attorney Alan Crone, who is representi­ng Farrar in her lawsuit against the department, didn’t return phone messages left at his office.

Webb said Farrar’s firing in March was for “violations of DHS policy on profession­alism, teamwork and diligent and profession­al performanc­e.”

According to her lawsuit, filed July 11 in U.S. District Court in Little Rock, Farrar had worked for the department since Oct. 6.

Her duties included “reviewing reimbursem­ent coding procedures for billing discrepanc­ies in Medicaid, implementi­ng initiative­s based on available database informatio­n, and reviewing old systems for loopholes and reimbursem­ent issues,” according to the suit.

She said in the suit that she was treated more harshly than her co-workers because she is black and that her firing came after she filed an internal complaint over discrimina­tion and asked if she should speak with someone at the Equal Employment Opportunit­y Commission, which enforces federal laws prohibitin­g discrimina­tion.

The department denied discrimina­ting against Farrar. A trial date has not been set.

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