DA: MedicAlert consultant will not face any charges

The Stanislaus County district attorney's office will not prosecute a Medic-Alert consultant arrested last month on suspicion of sending 10,000 patient records to her personal e-mail account.

Sacramento Valley Hi-Tech Crimes Task Force detectives arrested Andrea Terry, 43, on Aug. 22 at her Oakdale home. Terry also goes by her maiden name, Andrea Dee Boyles.

Prosecutors said there is insufficient evidence that Terry had a criminal intent in taking the data from the Turlock-based nonprofit organization, a medical information service for members who wear bracelets or pendants warning of their chronic health conditions. Emergency personnel can get patient histories by calling the 24-hour hot line.

"I'm glad that it ended so early," said Kirk McAllister, Terry's defense attorney. "This is an example of what happens to an innocent person when a corporation tries to push you under the bus so publicly."

She was let go from the health information company, which keeps files on 4 million customers, a week before her arrest. Terry e-mailed a spreadsheet with 10,000 patient names and identification numbers to her Yahoo account, said Turlock police Detective Raul Garcia, a member of the task force.

According to the district attorney's office, Terry was working for the company when she e-mailed herself the patient information, and her contract with the company called for her to perform most of her work at home.

"There's really no evidence that a crime occurred," said Chief Deputy District Attorney John Goold.

Terry started working with MedicAlert in August 2001, but the company dismissed her May 8. She was hired back as a consultant May 29, then was given notice Aug. 15 that her contract would not be renewed.

MedicAlert President and Chief Executive Officer Paul Kortschak said after Terry's arrest that those records did not include medical information, Social Security numbers or bank-related data. He also said the e-mail Terry sent to herself did not compromise financial records.

Kortschak did not return calls for comment on Friday.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.