Texas Doc Accused of Illegally Accessing Child Health Records

The case against a Texas physician accused of illegally obtaining children's health records has been unsealed, according to federal prosecutorsopens in a new tab or window.

The four-count indictment against Eithan Haim, MD, was filed in May. Haim has been charged with allegedly violating the Health Insurance Portability and Accountability Act (HIPAA) when he leaked informationopens in a new tab or window about Texas Children's Hospital continuing its gender-affirming care program after it said it had been halted.

The indictment alleges that Haim obtained personal information, such as patient names, treatment codes, and the attending physician, from the hospital's electronic health record system without authorization, and that he obtained the data under false pretenses, with intent to cause malicious harm to the hospital. Federal prosecutors said Haim shared the information with a conservative activist, according to the Associated Pressopens in a new tab or window.

Haim was previously a resident at Baylor College of Medicine and had rotations at Texas Children's that had ended in 2021, according to the unsealed indictmentopens in a new tab or window. In April 2023, Haim allegedly requested to re-activate his login at the hospital to access data for pediatric patients who were not under his care.

"As a result of Haim's actions, Texas Children's Hospital resulted in financial loss, medical delays in previously scheduled patients as well as threats and harm to its patients and esteemed physicians," the indictment stated. "In furtherance of his malicious intent, Haim obtained unauthorized HIPAA protected information and intentionally contacted a media outlet to grossly mischaracterize Texas Children's Hospital's medical procedures in order to damage the reputation of Texas Children's Hospital and its physicians and to promote his own personal agenda."

Haim's legal counsel Ryan Patrick, JD, of Haynes Boone, said in a statement that "Dr. Haim maintains that he has done nothing wrong. The government's facts are wrong, and their timeline is wrong. Eithan looks forward to having his day in court."

A Baylor College of Medicine spokesperson confirmed via email that Haim had completed his residency there, and referred any questions to Texas Children's Hospital, which did not immediately respond to a request for comment.

If convicted, Haim faces up to 10 years in federal prison and a $250,000 maximum possible fine, according to federal prosecutors.

https://www.medpagetoday.com/special-reports/features/110721