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Kansas attorney general: Nursing home failed to dispose of patient records at vacant facility

By Mark Iandolo | Dec 19, 2017

INDEPENDENCE, Kansas (Legal Newsline) — Kansas Attorney General Derek Schmidt announced a lawsuit Dec. 12 against Caney Guest Home Inc., doing business as Caney Nursing Center, and James R. Laidler, owner of the facility, for allegations of failing to properly secure or dispose of patient records containing sensitive personal information.

According to Schmidt’s office, the defendants allowed patient and employee records to be stored in an unsecure manner in the Caney Nursing Center building. The building has not been occupied since February, but none of the patient records purportedly were removed. Since February, the building allegedly has been burglarized and trespassed upon. Despite knowledge of the situation, the defendants allegedly failed to take action to secure or properly dispose of the records containing the personal information.

Schmidt charges the defendants with violating the Wayne Owen Act, which is part of the Kansas Consumer Protection Act. The rule mandates proper protection practices for personal information. Personal information includes any information that can be used to commit identity theft or otherwise cause harm to the person whose identity was stolen—most often a Social Security number, drivers license number, financial account number or credit or debit card number.

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Kansas Office of the Attorney General