Kansas AG sues over nursing home records’ security

Kansas Attorney General Derek Schmidt contends a Georgia company that operates a Humboldt nursing home has violated Kansas law by failing to secure or properly dispose of patients’ records containing personal information.

The attorney general has filed a lawsuit against Alta Care Corp. The filing in the Allen County District Court alleges that Alta Care Corp., doing business as Pinecrest Nursing Home; Doug Mittleider, the owner and operator of Pinecrest Nursing Home; and the Florida Senior Housing Council Inc., which owns the building, were aware that the patients’ and employees’ records contained unsecured information. The building has been unoccupied since 2011 and has been burglarized and trespassed upon.

In the meantime, the defendants failed to secure or properly dispose of the records containing personal information.

“Defendants have failed to comply with those requirements by failing to implement and maintain reasonable procedures and practices to protect personal information,” the lawsuit states, “and failing to take reasonable steps to destroy or arrange for the destruction of records containing personal information.”

The information included Social Security numbers, driver’s license numbers, financial account numbers, credit and debit numbers that could be used to commit identity theft or harm the person whose information is compromised. Under Kansas law, the businesses that collect personal information of others have a duty to safeguard it.

The court has ordered the attorney general to enter the premises of the nursing home and take possession of all records to prevent further risk. The attorney general’s office did so last week.

A hearing has been scheduled for 9:30 a.m. on June 6 at the Allen County District Court.

This story was originally published May 15, 2017 at 8:27 PM with the headline "Kansas AG sues over nursing home records’ security."