Home » White Collar Crime » Medical Identity Theft

Medical Identity Theft

When discussing identity theft, most people associate the crime with financial transactions, but it can also happen in the context of medical or health care. The Federal Trade Commission (FTC) defines medical identity theft as the act of using another person’s name, insurance information, health insurance number in order to receive medical services or devices, including any prescription drugs or possible insurance reimbursements.

In most cases, medical identity theft involves patients who have had their medical records or information compromised and then used in a scheme to defraud. However, the crime of medical identity theft extends past patients and can involve professional credentials of physicians. For these types of situations, the defendant would likely use the physician’s information to receive medical services, get insurance payments, and be able to unlawfully prescribe or obtain prescription drugs.

Texas Medical Identity Theft Lawyer | San Antonio & Bexar County

If you or someone you know has been arrested with a type of medical identity theft, contact Goldstein & Orr. Our reputable attorneys have decades of collective practice we can utilize when developing a defense for your case. We’re equipped with 70 years of knowledge, resources, networking, and skills that may prove to be a powerful asset for your case. Protect your future and freedom today by calling Goldstein & Orr.

You can reach our office at (210) 226-1463 or simply submit an online contact form to schedule your first consultation for free. Goldstein & Orr has offices in San Antonio, but we accept clients throughout the State of Texas including Travis County, Bexar County, Harris County, Williamson County, Wilson County, Gonzalez County, Montgomery County, and more.

Information Center:

What is Medical Identity Theft?
Penalties for Medical Identity Theft in Texas
Federal Medical Identity Theft Laws
Additional Resources

What is Medical Identity Theft?

Identity theft is often associated with credit cards and other financial devices. When it involves medical information though, it’s referred to as medical identity theft. A person commits medical identity theft if they unlawfully obtain or by deception/misrepresentation of facts secure certain health care information from a patient. The crime also includes doctors, physicians, and physician’s assistants who had their credentials compromised in some way.

If the case involves a physician or other health care professional, then the offender can use their information to collect insurance payments or any other scheme to defraud. No matter the circumstances, medical identity theft is an incredibly serious crime that could lead to life-changing penalties upon conviction.

Penalties for Medical Identity Theft in Texas

The consequences for medical identity theft will depend on the number of medical records and other health information illegally obtained, transferred, possessed, or used in the commission of the offense. If the prosecution finds a person guilty of medical theft, they could face the following penalties as a result.

Less Than 5 Items – State Jail Felony
- Up to two years in jail
- A fine of up to $10,000
5 or More, But Less Than 10 Items – Third-Degree Felony
- Up to 5 years in prison
- A fine of up to $10,000
10 or More, But Less Than 50 Items – Second-Degree Felony
- Up to 20 years in prison
- A fine of up to $10,000
50 or More Items – First-Degree Felony
- Up to 99 years or life
- A fine of up to $10,000

Federal Medical Identity Theft Laws

Identity theft is defined under the 18 U.S. Code § 1028. In the context of medical identity theft, the following elements can apply. If a person commits any of the following unlawful acts, they are guilty of medical identity theft.

Produce an identification document, authentication feature, or a false document related to the alleged victim’s health care or professional credentials
Transfer an identification document, authentication feature, or a false document related to the alleged victim’s health care or professional credentials knowing it was stolen or produced without lawful authority
Possess with intent to use unlawfully or transfer unlawfully 5 or more identification document, authentication feature, or a false document related to the alleged victim’s health care or professional credentials
Possess with intent to use unlawfully or transfer unlawfully 5 or more identification document, authentication feature, or a false document related to the alleged victim’s health care or professional credentials with the intent to use such document or feature to defraud the United States
Produce, transfer, or possess a document-making implement or authentication feature with the intent to use said instrument in the production of false documents related to the alleged victim’s health care or professional credentials, or another document-making implement or authentication feature which will also be used
Transfer, use or possess a means of identification of another person related to the alleged victim’s health care or professional credentials, with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violated of Federal law, or any felony under State or local law
Traffic in false or actual authentication features for use in false identification documents, document-making implements or means of identification related to the victim’s medical information or professional credentials

Conviction for any of the offenses above will result in a fine determined by the court and a possible prison sentence of up to 15 years.

Additional Resources

Medical Identity Theft | HHS-OIG – Visit the official website for the U.S. Department of Health and Human Services, Office of Inspector General to learn more about Medical Identity Theft. Access their site to watch videos on the subject, learn tips to avoid scams, read a brochure that details some examples of medical identity theft, and more.

What to Know About Medical Identity Theft | FTC – Visit the official website for the Federal Trade Commission to learn more about medical identity theft. Access the site to know what to do if your medical identity is stolen, how to create a personal recovery plan, and more.