U.S. Attorney for the Western District of Michigan, Mark Totten, announced that Jessica Nicole Pitcher has been charged with unlawfully accessing patient health information. Pitcher, a 41-year-old nurse from Shelbyville, Michigan, allegedly accessed the data without authorization at the U.S. Department of Veterans Affairs Medical Center in Battle Creek.
“Patients have an absolute expectation of privacy concerning the communications and information shared with medical professionals and contained within their medical records,” stated U.S. Attorney Mark Totten. He emphasized that federal law protects such privacy to ensure patients can share critical information for proper medical care without fear of disclosure. “My office will hold accountable those who access or disclose confidential patient health information without authorization and without justification under federal law.”
The charge is based on misdemeanor information which accuses Pitcher of violating Title 42, United States Code, Section 1320d-6(a)(2) by accessing protected health information on or about November 27, 2023.
If convicted, Pitcher could face up to one year in prison and a fine of up to $100,000.
Gregory Billingsley, Special Agent in Charge with the Department of Veterans Affairs Office of Inspector General’s Central Field Office commented: “Protecting patient privacy is paramount to the VA Office of Inspector General. Unlawfully accessing patient records erodes trust in VA’s programs and services. The VA OIG will diligently investigate any employee who violates this trust.”
The investigation is being conducted by the U.S. Department of Veterans Affairs Office of Inspector General with assistance from the Battle Creek VA Police. Assistant U.S. Attorney Ronald M. Stella is prosecuting the case.
It should be noted that charges in a misdemeanor information are merely accusations; defendants are presumed innocent until proven guilty.