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Fired UIHC resident risks sentencing for breaking patient privacy laws

Nolan Brown by Nolan Brown
July 25, 2024
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The State of Iowa regulates its medical profession through the Iowa Board of Medicine, which operates under the Iowa Department of Inspections, Appeals and Licensing. (Image credit: Getty Images; Board seal provided by the State of Iowa)

The sentencing of a former resident of the University of Iowa Hospitals and Clinics, who was fired, is underway. This individual is being charged with the violation of federal patient privacy laws at two hospitals in Iowa.

A 34-year-old man named Dr. Gabriel Alejandro Hernandez Roman, who originally hailed from Iowa City, was indicted in April for allegedly acquiring personally identifiable health information under false pretenses for personal gain or malicious intent. However, he has recently decided to plead guilty to a lesser charge, which does not include the motive of personal gain or malicious intent.

If found guilty, the maximum penalty for the charge is a five-year imprisonment sentence and a fine of up to $250,000.

During his plea deal, Hernandez Roman confessed to accessing confidential medical records of his girlfriend without any legitimate medical reason while working in the emergency room of an Iowa hospital in 2022.

During his time working in the emergency department of an Iowa hospital in 2023, Henandez Roman faced an anonymous complaint that he had accessed the protected health records of patients, made threats towards them, and engaged in romantic relationships with two patients. The complaint was later verified by his superiors at the hospital.

According to state records, in June 2023, Henandez Roman wrote a letter to the Iowa Board of Medicine accepting that he had accessed the private medical records of two patients whom he was treating. In the letter, he admitted to sharing a patient’s photo with others, falsely claiming that it was to remind them of the significance of fiber in one’s diet.

As of now, there isn’t a scheduled date for sentencing, according to court records.

Criminal case follows board action

The Iowa Board of Medicine imposed a fine of $7,500 on Hernandez Roman in February, and suspended his medical license indefinitely. The board accused him of accessing the medical records of women he dated, and also found him guilty of dishonesty and abusing his position as a physician.

According to the board records, Hernandez Roman’s charges are linked to his residency program in emergency medicine at the University of Iowa Hospitals and Clinics during his postgraduate studies.

According to reports, in the beginning of 2023, the Clinical Competency Committee at UIHC uncovered evidence suggesting that Hernandez Roman had breached patient privacy regulations. It was alleged that he had obtained unauthorized access to the medical records of an individual he was romantically involved with. Furthermore, when the woman in question became aware of Hernandez Roman’s actions, he allegedly visited her at her home and threatened her by insinuating that he would retaliate if she jeopardized his career.

According to reports, Hernandez Roman confessed to authorities that he had a romantic involvement with a woman whose records he accessed. He mentioned that he went through her medical records to look for any sexually transmitted diseases. Hernandez Roman stated, “I thought, ‘Oh f—, I don’t want this girl to pass me anything. I better check.'” when asked to clarify his actions.

According to records from the board, St. Luke’s Hospital in Cedar Rapids is where Hernandez Roman intermittently worked, and it was there that the photograph of the patient’s prolapsed rectum was taken. The board alleges that Hernandez Roman sent the image to a woman he was dating, along with written remarks that they deemed “unprofessional.”

According to a board investigator, Hernandez Roman claimed that he had shared the photo with others as he was participating in a competition for “Puerto Rico’s Sexiest Doctor of the Year” and needed to prove his profession as a physician.

According to records, Hernandez Roman, who now resides in Puerto Rico, was terminated by UIHC. Attempts to reach him for comment were unsuccessful. In his defense before the board, he attributed his behavior and decision-making to cultural and language barriers, as well as his mental health challenges.

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