HIPAA is also subject to modification based upon state law. here is a summary of the exceptions under Florida state law with regards to access to info by law enforcement:
* In response to a court order, subpoena, warrant, summons or similar process;
* To identify or locate a suspect, fugitive, material witness, or missing person unless the medical information pertains to a non-published patient;
* About an individual who seeks or receives medical treatment for a gunshot wound or life-threatening injury which indicates an act of violence;
* About a death we believe may be the result of criminal conduct involving the pharmacy
* About criminal conduct at the pharmacy; and
* In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
I cannot find the exact code sections, but I imagine an attorney can.
So, what crime have you been charged with as a result of this information being released? If it involves prescription fraud or some sort of "doctor shopping" it may fall under one of the exceptions. What does your attorney say?
Oh, and if there is a valid suit to be had, most attorneys are not "afraid" of state and local law enforcement. If they have a good case, attorneys will line up at your door. However, many HIPAA violations are covered under relatively small prescribed statutory fines, and attorneys may not be enticed by these less than grand sums.
- Carl
