June 10, 2009

Mom Imprisoned for Posting HIV Patient’s Medical Info Online

A 22-year-old mother of three has been sentenced to a year in prison for posting the medical records of an HIV-positive woman online, Hawaii’s KGMB9 reports. She will also serve five years of probation and 200 days of community service.

According to the article, while working at the Straub Clinic in Honolulu as a clerical assistant in 2007, Rhonda Wong-Fernandez accessed the medical records of a woman she had a dispute with and posted the confidential information on MySpace. While the defense asked for no jail time, deputy prosecutor Chris Van Marter wanted Fernandez to serve a month behind bars. Judge Randy Lee disagreed and felt that a harsher punishment was necessary.

“We are not talking about someone talking stink about someone,” Lee said. “We are talking about something very sacred to someone.”

Van Marter read one of the several comments aloud in court. “She said quote, ‘No wonder she’s so pale. She’s dying of AIDS. Poor thing, she has HIV. That’s why she’s hating.’ And she ends the comment by saying, “I hope she dies.’”

Wong-Fernandez’s defense attorney requested to delay the imprisonment so that she can continue breast feeding her 5-month-old infant and arrange child care for her other children. The request was denied.

In April, the unnamed patient died of a brain tumor.

Search: Hawaii, Honolulu, medical records, Rhonda Wong-Fernandez, MySpace

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Previous Comments:

demonikah, mpls, 2009-09-27 20:27:58
thats terrible. and sadly that awful womans state of ignorance and hatred isnt uncommon.

Nigel, San Francisco, 2009-07-30 04:18:43
Let's keep in mind that we don't know exactly what the situation between these two women were. We don't know what the other woman did to this woman to provoke her to do this. For all we know, she could have done something to deserve the public embarrassment.

James C, Redwood City, 2009-07-21 15:27:47
I was glad to see the judge used better judgement than the prosecution. Still, she got off lucky. Under HIPAA laws, she could have faced a maximum of 10 years and a fine of $250,000 for the most egregious violation of the law. I wouldn't have objected had he made the sentence heavier, but I'm also pleased he took a solid stance against such a vile act.

PJ, Jacksonville, 2009-07-08 01:06:42
How can she be so cruel? I am glad the judge imposed a stricter punishment for her, what she did was in so many ways just down right evil. I don't wish any harm to ms. Rhonda but I do hope she gets the help she needs in jail. what kind of example is she setting for her children?

Kevin, Phoenix, 2009-07-06 17:18:31
If more people came out of the HIV closet and showed that we still live happy, healthy, meaningful lives despite HIV, there would be no more shame with having HIV. What this lady did was disgusting and reprehensible, and she deserves the punishment she gets. But what's sadder is that there is still so much shame and stigma surrounding HIV. Come out of the poz closet folks! Be a positive role model.

Peajoe, Denver, 2009-07-06 13:27:08
She deserves the most harsh sentence the law allows. I've been positive for 25 years and know the way people can react. To have done what she did, she has to be mentally unstable and not only deserves prison time but needs psychological counseling.

W. E. KING, Tacoma, WA, 2009-07-01 01:22:25
How can someone say, She should infected with HIV, as just plunishment!!! Are you sicker than myself??? PLEASE.

Fred, London, 2009-06-30 10:49:01
What a sad story. I wish we lived in societies that allowed us to be open about our status rather then isolated to a closet. I really do think that such visibility would improve upon all our lives, reduce infections and raise the dialogue on sexual health to a level that would benefit the HIV+, HIV- and Unknown.

Jack N Jill, Las Vegas, 2009-06-30 10:20:07
She should have been infected with the virus that would be fair punishment.

Who what where why?, Greenleaf, 2009-06-27 12:34:28
what the heck ONLY a year....Rhonda should have been sentenced for alot longer than that....these where the womans personal/private health records. I commend the judge for his actions.

Snapp, Philadelphia, 2009-06-24 16:25:11
Rhonda is one bitter woman to deliberatly hurt another person for NO reason, just like road rage or hospital rage. It is against the law and she should be made accountable for het actions

SEXYLATINA, CHICAGO, 2009-06-22 21:27:52
that bitch is wrong for posting confidential information.She does not know what people with the virus go through.SHE DESERVES TO BE PUNISH GOOD THAT LONG OR LONGER.

caring one, Danville, 2009-06-19 13:16:31
I don't think a year is long enough for what she did.What if it was her.how in the hell does she think she should be able to get her affairs in order before going on lock down. do she really think shes that special i don't think so.

Angela, Minnesota, 2009-06-17 04:26:36
While I realize this won't be well received I think we all need to think back to when we were 22. While this woman's actions were indefensible and pure venom, she is only 22. I did some things in my early 20's that I am not particularly proud of but at that age you don't always think things all the way through. I believe she should be punished but a year in prison seems a bit harsh. She should have to provide education on HIV/AIDS sensitivity and service to those that need help.

larry in phoenix, phoenix, 2009-06-16 14:07:22
Having a hate opionion is protected, but, not stating or posting a medical record, one with serious implications if posted, and when that posting violates the confidentiality agreement by the offender. The judge is right on to enforce imprisonment for such a violation as though it was a mugging or assault. The offender knew better as she deals with confidentiality agreements every day and decided to break hers, and put the clinic in jeopardy, we do get punnished for our pulic stupidities.