Brooks Pierce attorneys Claire O’Brien and Mousa Alshanteer authored an article, “Criminal Consequences for Violations of Patient Privacy — Recent Update from the Fourth Circuit” in the North Carolina Bar Association’s (NCBA) Health Law Section Blog. The article gave an overview of the recent Fourth Circuit’s decision in the United States V. Russel case. The case involved a hospital worker who accessed and shared a screenshot showing Justice Ruth Bader Ginsburg’s name, visit dates, and categories of medical services. The case is a reminder that the scope of protected patient information is broad and that unauthorized access can trigger not only contractual and regulatory consequences, but criminal exposure as well. United States v. Russell underscores that the legal significance of health information does not turn on whether it appears in a traditional medical record or a more administrative interface. O’Brien and Alshanteer discuss three practical takeaways from the Russel case for attorneys advising covered entities and business associates. The ruling makes clear that HIPAA protections extend beyond traditional medical charts to include search results, scheduling data, and other administrative system displays.
O’Brien is a trusted strategic advisor to health care entities and professionals on regulatory compliance, data privacy, and AI governance issues.
Alshanteer has represented clients of all types and sizes in general business matters, such as entity formation and organization, including dissolution and reorganization, corporate governance, and contract drafting and negotiation. He has planned, negotiated, and documented a variety of transactions across several industries, such as mergers and acquisitions (including both purchases and sales) and private equity financing. In his practice, he has advised various health care providers, including physicians, social workers, veterinarians, group practices, hospitals, and surgery centers, as well as other licensees on a wide variety of general business matters, transactional matters, and administrative and regulatory compliance.
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