Quantcast

AG Derek Schmidt sues company for failing to protect nursing hom - KOAM TV 7

AG Derek Schmidt sues company for failing to protect nursing home patients’ personal information

Updated:
INDEPENDENCE, KANSAS -

A company that had operated a nursing home in Caney violated Kansas law by failing to secure or properly dispose of patient records containing personal information, Kansas Attorney General Derek Schmidt said in a lawsuit filed last week.

The attorney general filed suit against a Kansas company that had operated a nursing home in Caney. That nursing home is now closed. The filing in Montgomery County District Court alleges that Caney Guest Home, Inc., d/b/a Caney Nursing Center, and James R. Laidler, owner of the facility, were aware that patient and employee records were contained unsecured in the building that used to operate as Caney Nursing Center. The building has been unoccupied since February and has been burglarized, sometimes unsecured, and trespassed upon during that time. Despite this knowledge, the defendants failed to secure or properly dispose of the records containing personal information, the lawsuit alleges.

District Court Judge Jeffrey Gossard last week issued a temporary order requiring the company to follow the requirements of the Kansas law governing the handling of records that contain personal information.

The lawsuit states that as holders of personal information, defendants are subject to the requirements of the Wayne Owen Act, which is part of the Kansas Consumer Protection Act. The lawsuit alleges the defendants failed to comply with those requirements by failing to implement and maintain reasonable procedures and practices to protect personal information, and by failing to take reasonable steps to destroy or arrange for the secure destruction of records containing personal information when the records no longer are to be used.

“Personal information” includes information such as a social security number, driver’s license number, financial account number or credit or debit card number that can be misused to commit identity theft or otherwise harm the person whose information is compromised. It also includes any information, such as medical records, for which a security obligation is imposed by federal or state statute. Under Kansas law, businesses that collect the personal information of others have a duty to safeguard it.

The court further ordered the attorney general to enter onto the premises of the nursing home and to make secure all records containing personal information until the owner assumes responsibility to secure the records to prevent further risk of disclosure. The attorney general’s office did so yesterday.

A copy of the petition, motion and order are available at http://bit.ly/2nRJVBN. 

  • NewsMore>>

  • Fish Kill at Gunn Park/Fern Lake Caused by Environmental Factors

    Fish Kill at Gunn Park/Fern Lake Caused by Environmental Factors

    Wednesday, August 15 2018 2:33 PM EDT2018-08-15 18:33:00 GMT
    Courtesy: Brad DuvallCourtesy: Brad Duvall
    Courtesy: Brad DuvallCourtesy: Brad Duvall

    The Fort Scott, Kansas Police Department says a series of events lead to a fish kill at Gunn Park/Fern Lake. Authorities say hot water temperatures, cloudy windless days, low water levels and an expanding green algae bloom that peaked and crashed were all factors. It created the "perfect storm" or aquatic conditions that depleted and decreased the oxygen level to a point where the aquatic system would not support life.

    More >>

    The Fort Scott, Kansas Police Department says a series of events lead to a fish kill at Gunn Park/Fern Lake. Authorities say hot water temperatures, cloudy windless days, low water levels and an expanding green algae bloom that peaked and crashed were all factors. It created the "perfect storm" or aquatic conditions that depleted and decreased the oxygen level to a point where the aquatic system would not support life.

    More >>
  • Families Respond: No Charges Sought in Crash that Killed 2 German Cyclists

    Families Respond: No Charges Sought in Crash that Killed 2 German Cyclists

    Wednesday, August 15 2018 2:07 PM EDT2018-08-15 18:07:31 GMT
    Mr. Büchel on the Left and Mr. Jung on the rightMr. Büchel on the Left and Mr. Jung on the right

    After reviewing the Kansas Highway Patrol's investigation, the Cherokee County Kansas Attorney will not file charges against the driver of the van. On May 8th, 2018, two cyclists from Germany were riding on Highway 66 near mile marker 1.8 when they were hit by a 2013 Chrysler Town and Country van. The cyclists, 71-year-old Heinz Gerd Buchel and 74-year-old Harry Jung, died at the scene. The highway patrol report states that the van was traveling west in the right lane of K-66 wh...

    More >>

    After reviewing the Kansas Highway Patrol's investigation, the Cherokee County Kansas Attorney will not file charges against the driver of the van. On May 8th, 2018, two cyclists from Germany were riding on Highway 66 near mile marker 1.8 when they were hit by a 2013 Chrysler Town and Country van. The cyclists, 71-year-old Heinz Gerd Buchel and 74-year-old Harry Jung, died at the scene. The highway patrol report states that the van was traveling west in the right lane of K-66 wh...

    More >>
  • KS Storms: 2 Killed in Floodwater, Tornado Confirmed

    KS Storms: 2 Killed in Floodwater, Tornado Confirmed

    Wednesday, August 15 2018 4:20 PM EDT2018-08-15 20:20:02 GMT

    Tuesday evening, August 14th, 2018, authorities say two Montgomery County , Kansas men were killed when their vehicle was swept off CR 2950 road south of CR 5400 during heavy rainfall. The men were identified as 72-year-old Dennis Clark Catron Sr. and 39-year-old Dennis Clark Catron Jr. of rural Elk City. Montgomery County Sheriff Deputies responded to multiple calls of stranded motorists during the heavy rain. Authorities say in some cases rural firefighters and deputies were goin...

    More >>

    Tuesday evening, August 14th, 2018, authorities say two Montgomery County , Kansas men were killed when their vehicle was swept off CR 2950 road south of CR 5400 during heavy rainfall. The men were identified as 72-year-old Dennis Clark Catron Sr. and 39-year-old Dennis Clark Catron Jr. of rural Elk City. Montgomery County Sheriff Deputies responded to multiple calls of stranded motorists during the heavy rain. Authorities say in some cases rural firefighters and deputies were goin...

    More >>
Powered by Frankly

KOAM - Licensed to Pittsburg, Kansas
Send tips, ideas and press releases to: tips@koamtv.com
Send newsroom questions or comments to: comments@koamtv.com
Phone: (417) 624-0233 or (620) 231-0400
Web comments or questions: webmaster@koamtv.com
Newsroom Fax: (417) 624-3158

Powered by Frankly, Inc. All content © Copyright 2000 - 2018 KOAM. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.