New Location, Same Tradition: Goldstein & Orr Has Moved Offices Learn More

Client Testimonials
  • "I have known Ms. Orr for over a decade and she is an excellent criminal defense attorney with high ethical standards." by Peer Attorney Read More
  • "I'm very impressed how Mrs. Orr handled everything, she is very professional and I recommend Mrs. Orr if your in need an attorney for a white collar case!!!" by Anonymous Former Client Read More
  • "The best of the best above all the rest. Accept no substitutes." by Richard R. Read More
  • "They are next level on intelligence and understanding. My full respect to these attorneys." by Amber R. Read More
  • "I was so fortunate and privileged to have Mr. Goldstein in my corner. You will find none better." by Stephen Read More

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:


Back to top

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.


Back to top

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

Back to top

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.


Back to top

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.


Back to top

Medical Identity Theft Lawyer, Houston TX

If you or someone you know has been arrested for identity theft related to health care, then it’s imperative you seek legal counsel. The attorneys at Goldstein & Orr have represented people accused of all types of white-collar crimes including identity theft. We assist clients on both the federal and State level, which we have extensive experience in both with over 70 years of knowledge.

Call Goldstein & Orr at (210) 226-1463 to set up your first consultation or simply submit an online contact form.


Back to top

(210) 226-1463
  1. Attorneys
  2. Results
  3. Contact