Federal Privacy Law Charges Filed Against Suffolk Doctor

Monday, June 27, 2011
By Mindy Weinstein

A Suffolk psychiatrist has been indicted by a grand jury on federal privacy law charges. According to the indictment handed down by the federal grand jury, 62-year-old Dr. Richard Kaye, illegally disclosed personal medical information about a female patient.

The former medical director of the psychiatric unit at Sentara Obici Hospital in Suffolk was indicted in U.S. District Court in Norfolk on Tuesday, June 21, 2011. His arraignment is scheduled for July 13.

According to the indictment, Dr. Kaye released information about a female patient whom he treated for mental health problems in 2007. The indictment states that he treated the patient for two weeks at Sentara Obici Hospital and released the information about the patient in February 2008 to an “agent” of the patient’s employer. The alleged release of information was given without the patient’s consent.

The indictment also states that Dr. Kaye disclosed the information under false pretenses. He said that the woman was of “serious and imminent threat to the safety of the public.” The indictment accuses Dr. Kaye of knowing that she was not a threat to the safety of the public.

Dr. Kaye’s alleged violation involved HIPAA (Health Insurance Portability and Accountability Act). HIPAA went into effect in 2003.

Dr. Kaye’s attorney announced that his client will be pleading not guilty to the charges. If convicted, he could face up to five years in prison.

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