A criminal investigation has been initiated after employees of the Department of Veteran Affairs (VA) were found to have accessed the medical records of vice presidential candidates Senator JD Vance and Minnesota Governor Tim Walz without authorization. This breach of privacy occurred during July and August 2024 and was discovered during a routine review of access logs for high-profile individuals. Both candidates, who have served in the military—Vance in the Marine Corps and Walz in the Army National Guard—are now involved in the investigation, and their campaign teams have been informed of the unauthorized access. The unauthorized access to the candidates’ medical records constitutes a violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. In light of this incident, VA Secretary Denis McDonough issued a memo to VA personnel, reminding them of the strict guidelines governing access to veterans’ medical records.
The memo emphasized that access should only be granted when necessary for officially authorized duties and strictly prohibits accessing records out of curiosity or personal concern. The ongoing investigation seeks to uncover the reasons behind the unauthorized access and whether the medical records have been disclosed to any unauthorized parties. Reports indicate that among those who accessed the records were a physician and a contractor, suggesting that the breach involved individuals who may have had some level of access to sensitive information.
If found guilty, the individuals involved may face disciplinary measures as outlined in the VA’s sanctions policy, which could range from termination to criminal prosecution. The potential penalties for unauthorized access include civil monetary fines of up to $50,000 and prison sentences of up to one year. This incident raises significant concerns regarding the protection of personal health information, especially for high-profile individuals, and highlights the need for stringent adherence to privacy regulations within the VA. As the investigation continues, the emphasis on safeguarding sensitive medical records remains paramount to maintaining trust in the healthcare system for veterans and other individuals.
Reference:
- https://www.washingtonpost.com/politics/2024/09/30/vance-walz-medical-records-breach-va/
