Chiropractic Clinics Sued for Alleged Health Record Dumping – Arkansas Times

The attorney general has sued two chiropractic clinics and two men believed to be owners / operators for depositing patient files in a public park.

According to a press release, the suit names 501 Pain & Rehab in Conway and 501 Pain and Rehab Family Clinic in Russellville, as well as Dr. John D’Onofrio and Donny McCuien.

The lawsuit alleges that the defendants violated the Arkansas Data Protection Act and Fraudulent Commercial Practices Act by failing to protect files and improperly disposing of them. Leslie Rutledge’s press release states:

In November 2020, Mayflower city workers came to work at Palarm Park, a public park near the Arkansas River, when they noticed a truck was parked near a wooded area. The driver drove off abruptly, and city officials found a number of medical files near the parked truck that were later classified as clinical medical records. Local law enforcement later determined that the driver’s description matched McCuien’s and that the truck matched a vehicle registered in McCuien’s name.

The investigation, conducted by the Attorney General’s Office, found that approximately 271 files created between 2016 and 2018 were discarded by the defendants in the park. The documents in the files contained unencrypted and unedited personal and identifiable information such as patient names, social security numbers, driver’s license or government identification numbers, medical histories, medical diagnoses, and medical treatment plans.

The lawsuit was filed in Faulkner County. It seeks civil sanctions and the revocation of the defendants’ authorization to do business in Arkansas, including the suspension or revocation of D’Onofrio’s chiropractor license.

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