Friday, July 15, 2005

cops gettin around hipaa

Recently, the police have come up with the bright idea that they will try to get around Hipaa by getting Judges to sign search warrants for the psych records. The hospitals and doctors presented with a search warrant must comply. " (1) Permitted disclosures: pursuant to process and as other wise required by law. A covered entity may disclose protected health information...(ii)in compliance with and as limited by the relevant requirements of: (A) a court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer" Here's the thing, the police must still have probable cause. For the life of me, haven't seen it happen yet where they have had it. In case they do get through (by getting a potted plant to sign it), you must file an emergency motion to suppress hearing and demand not only that all materials be relinquished but that that the police are prohibited from coping or discussing any of the materials. If they have already given it to the State's Attorney add them to the order that they must also be prohibited from using it and must turn it over. Further, some states have provisions that protect doctor/patient relationships. Be on the look out.
Janet

3 Comments:

Blogger Jacqueline Dowd said...

So what's hipaa?

the 13th juror
www.jackiedowd.blogspot.com

7/18/2005 11:33 AM  
Blogger Gideon's Guardians said...

Hipaa is the Health Insurance Portability and Accountability Act. It is federal regulation that puts protections on who can get medical records. It was pasted in August, 1996. for more information see www.hipaaps.com

7/19/2005 2:50 PM  
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