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Posted by: Irish Wampanoag

I was wondering if any police agency has come into road blocks with this new federal law (inacted last year) when investigating crimes. examples OUI, Sexual Assaults etc..
I am more interested in the willingess of medical personal giving police agancies information and how has the courts responded to these reports/requests when hospitals/medical+mental doctors or nurses refuse to give out information based on the HIPAA law.

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Posted by: Harley387

Here's a better one for ya. I know of a Police Officer who went to a marriage counselor with his wife due to some marital problems. In order to recieve payment from the PO's insurance, the Psychiatrist had to diagnose him with "something", or insurance would not cover the cost. In order to minimize any problems for the PO, the Psyhchiatrist diagnosed him with "separation anxiety". During a background check, the requesting department recieved all of the PO's medical records from his insurance company, which disqualified him from the job because of his "diagnosis". All of this made possible by HIPPA.

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Posted by: q5_po

I have done 3 or 4 OUI's where blood was draw at the hospital. All I had to do was go to the Dist Court and get an order from the DA. Go to Medical Corespondance in whatever hospital with the order and get the records (certified copy). Take them back to the DA and you are good to go.

PS; DA's love blood on OUI cases.

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Posted by: Pinkos307

If you check the wording of the HIPAA law, it says only "covered entities" need to follow.

THe Park Service in Washington checked with the U.S. Solicitor and he said we in the Park Service do not fall under a "covered entity."

We do not need to follow the HIPAA law but must continue patient confidentiality.

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Posted by: mpd61

The HIPPA laws will not impede any criminal investigation. Don't give it a second thought.

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Posted by: Irish Wampanoag

Quote:

Originally Posted by mpd61 The HIPPA laws will not impede any criminal investigation. Don't give it a second thought.

Ok that sound good to me! Thanks for the info. Just want to know in case its an issue that arises.

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Posted by: RPD931

Correct. For a Criminal Investigation you may be considered "priveledged" to the info. But like pinkos says, you must continue the patient confidentiality. Some people in the medical facilities don't quite know where the line is for HIPPA, so they just deny everybody. Its a translation of the Act(HIPPA) thats is the problem.

Its pretty simple, you could go to the Hospital and speak to the doctor or in boston, call the Hospital Police (or Security) department and they will usually get back to you with info. It is pretty hard to give info over the phone because they cannot honestly say if you are a Police Officer, News Reporter or the gang banger who just capped the kid you need info on.

Like always, you will still need a court order for medical records/documentation.

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Posted by: USMCTrooper

HIPPA had just arrived when I had 2 victims T-boned by a TT. They were both unconscious and illegal aliens. They were too badly injured to start digging around in their pockets for some ID. A few hours later I go to the local trauma hospital and up to the ICU. I want the still unconscious, no family or friends around, unknown victim's wallet. You would have thought I wanted the code to NORAD. 4 different nursing supervisors and 3 security supervisors later, I get the wallet which they had locked in the safe. How did I get it? When they said "no you cant have it-its confidential" I said "fine-since no one knows who he is, I will be back in the morning with Immigration, a Federal detainer and an ink pad for fingerprints". A second incident where they wouldnt tell me the name of a victim brought there post crash. Our Sgt's answer: Fine, see how much info you get from us when we start confiscating wallets and medical cards BEFORE they get to the hospital. Tune changed quickly after that too.......

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Posted by: mpd61

HIPPA has people freaked. It does only pertain to medical information and Insurance/Assistance programs.

As a human rights coordinator at DMR I gave training on HIPPA to HRO's and others. As a Police Officer, you are NOT violating HIPPA by getting Name/address info on anybody.

Just don't start asking to look at their records or what meds/treatment they're receiving (without court order, etc.)

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Posted by: mopar6972

HIPPA is the work of the devil.... or somehow tied into the democrats....!!!!!!

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Posted by: Irish Wampanoag

Quote:

Originally Posted by mopar6972 HIPPA is the work of the devil.... or somehow tied into the democrats....!!!!!!

Bush signed into law no questions asked!!!

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Posted by: biged86

Does anyone know where this HIPPA crap is on-line, or can someone post it here? So next time my extremely violent, drunk driver, who tried to fight all the fire fighters, EMTs, and ER staff, goes to the hospital, I can throw some paperwork at them to get the moron's name?

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Posted by: Pinkos307

You should not have to throw any paperwork anywhere. If a patient is involved in a criminal matter than you should be able to get all the info you need.

Try this site: www.hipaa.com

This seems to have a ton of information.

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