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#1
06-10-2009, 09:17 PM
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hipaa RE: BAC on DUIWhat is the name of your state (only U.S. law)? ca When requesting the BAC in my DUI case I was sent the results of not only myself but every person in the "batch" that was processed at that same time. This include the name of each person and the location of thier arrest. Does anyone feel this is a HIPAA violation? Thanx for your thoughts.What is the name of your state (only U.S. law)? |
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#2
06-10-2009, 09:19 PM
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| No, I do not feel that this is a HIPAA violation. And if you understood the HIPAA law, which does not say what you evidently believe it to say, you wouldn't either. |
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#3
06-10-2009, 10:02 PM
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| So shred what isn't yours. 
__________________ Actions have consequences. Remember Newton's Third Law of Motion in everything you do.  |
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#4
06-10-2009, 10:03 PM
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| Example: Intoxicated Drivers. ORS 676.260 permits, but does not require, reports to law enforcement agencies when, following a motor vehicle accident, health care facility personnel have blood test results indicating that an intoxicated person was driving an involved vehicle. Because the report is discretionary, the requirement of individual authorization would not be waived by HIPAA, and a voluntary disclosure by facility personnel would be illegal under the privacy rules. |
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#5
06-10-2009, 10:35 PM
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| and even if it were, it obviously would not be a violation of your rights. so, are you trying to blackmail the prosecutor into a deal for yourself?
__________________ Quote:
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#6
06-11-2009, 01:07 AM
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| Quote:
- Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#7
06-11-2009, 03:38 PM
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| Info was supplied by CA DMV |
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#8
06-11-2009, 04:22 PM
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| You're assuming that the DMV is subject to HIPAA. That is an assumption you should not necessarily make. |
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#9
06-11-2009, 04:29 PM
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| Even if the hospital had done it, I don't think it would be a violation, because those particular records are evidence in a criminal proceeding, not the product of a TREATMENT relationship with a patient. Once they become part of a court proceeding, they become public record.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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#10
06-11-2009, 05:05 PM
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In any event, these will be part of the public record as part of a court proceeding so HIPAA is not likely to apply. Besides, YOUR ox has not been gored - the other people on that list are the ones who might have a complaint were it to apply. So, move on and consult legal counsel. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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