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Lawyers of the OT, why isn't it a HIPAA violation to release someone's blood alcohol %?
Posted on 1/2/24 at 3:50 pm
Posted on 1/2/24 at 3:50 pm
Just curious, sure there is a good reason but seems contradictory to me given what I know about HIPAA. But then again I am old and feeble.
This post was edited on 1/2/24 at 3:58 pm
26
Posted on 1/2/24 at 3:51 pm to secfballfan
did a doctor release it?
Posted on 1/2/24 at 3:52 pm to secfballfan
What do you know about HIPAA (not HIPPA or HIPPAA)?
Who released the person’s blood alcohol %?
Is that person subject to HIPAA?
Who released the person’s blood alcohol %?
Is that person subject to HIPAA?
This post was edited on 1/2/24 at 3:54 pm
Posted on 1/2/24 at 3:54 pm to secfballfan
What are/were the circumstances?
Usually, the release of a person's BAC is pursuant to a legal/regulatory requirement or contractual obligation.
Usually, the release of a person's BAC is pursuant to a legal/regulatory requirement or contractual obligation.
Posted on 1/2/24 at 3:54 pm to secfballfan
It's not a medical procedure, technically. Guessing.
Posted on 1/2/24 at 3:54 pm to WDE24
did a doctor release it?
valid point but coroner is a doctor and police are subject to HIPPAA I believe.
valid point but coroner is a doctor and police are subject to HIPPAA I believe.
Posted on 1/2/24 at 3:54 pm to secfballfan
It’s HIPAA
Posted on 1/2/24 at 3:55 pm to secfballfan
quote:
Just curious, sure there is a good reason but seems contradictory to me given what I know about HIPPAA. But then again I am old and feeble.
If you read HIPAA, you'll see that it bars disclosure by qualified healthcare providers of private medical information. One's BAC is generally going to be acquired by law enforcement via a breath chemical test or by blood draw at a hospital pursuant to a warrant. HIPAA would not be relevant to the former and would be vitiated by the latter.
Posted on 1/2/24 at 3:56 pm to secfballfan
I believe they usually have to get a search warrant for it, but not sure. I did a quick search as I find it an interesting topic. Didn't find much but here's an article that gives a little explanation.
ETA - No Right to Sue Under HIPAA When Police Receive Hospital Blood Test (forgot to link this)
quote:
The investigating officer requested and received the blood-test results from the hospital, as state law mandated the health care provider to share the blood test results in such circumstances. Stewart was convicted of driving under the influence.
quote:
When a suspected impaired driver (or other person) is taken to an emergency department, medical protocols will almost always call for a blood test. Any Fourth Amendment issue is far less problematic when blood is drawn and tested for medical purposes and a report of the results are lawfully obtained for investigation and prosecution purposes.
ETA - No Right to Sue Under HIPAA When Police Receive Hospital Blood Test (forgot to link this)
This post was edited on 1/2/24 at 3:58 pm
Posted on 1/2/24 at 3:56 pm to secfballfan
When exRaider Henry Ruggs killed a woman and her dog when he was drunk and speeding, his girlfriend who was in the car didn't want prosecutors having her medical files. Three different judges had to rule on it before they received the files.
Posted on 1/2/24 at 3:57 pm to secfballfan
quote:
coroner
This is now getting hyper fact specific and can't be answered as a general hypothetical.
This post was edited on 1/2/24 at 3:58 pm
Posted on 1/2/24 at 3:57 pm to secfballfan
Is this anything to do with DUI? Or someone just going to their doc and asking for this test. I'm sure there is fine print when you get a license consenting to being tested etc if pulled over.
Posted on 1/2/24 at 3:59 pm to secfballfan
If it is in a PD report then it is public records and most PD reports require that information.
Posted on 1/2/24 at 4:00 pm to secfballfan
quote:Why do You believe this?
police are subject to HIPPAA I believe.
Posted on 1/2/24 at 4:00 pm to secfballfan
State laws allow police to get it with a warrant. Usually those warrants are rubber stamped so it's not much of a hassle. Once those records are in the hands of the police the case becomes a matter of public record unless sealed by a judge.
Posted on 1/2/24 at 4:00 pm to LEASTBAY
quote:
I'm sure there is fine print when you get a license consenting to being tested etc if pulled over.
While we have implied consent laws in Louisiana, they are generally administrative in nature. It's why your license can be suspended if you refuse a breath test.
A major exception to that generality is that someone can have their blood forcibly drawn over their objection and without a warrant if they are suspected of being under the influence AND were involved in an accident involving serious bodily injury or death. Personally, I think that statute is patently unconstitutional, but our courts have upheld it. Bad facts make for bad law, unfortunately.
Posted on 1/2/24 at 4:02 pm to secfballfan
Law enforcement isn’t a “health care provider.”
HIPAA has to be the most grossly misunderstood law in the country perhaps only second to the First Amendment.
HIPAA has to be the most grossly misunderstood law in the country perhaps only second to the First Amendment.
Posted on 1/2/24 at 4:04 pm to Pax Regis
quote:The laws concerning and the enforceability of non compete agreements is close.
HIPAA has to be the most grossly misunderstood law in the country perhaps only second to the First Amendment.
This post was edited on 1/2/24 at 4:05 pm
Posted on 1/2/24 at 4:07 pm to secfballfan
HIPAA only applies to areas of the body normally covered by clothes. Otherwise just walking around would be a HIPAA violation. It is also probably the most misunderstood regulation by both doctors and the general public.
Posted on 1/2/24 at 4:10 pm to Joshjrn
quote:
One's BAC is generally going to be acquired by law enforcement via a breath chemical test or by blood draw at a hospital pursuant to a warrant.
Agree. Also I believe that a specific authorization is an exception to the Privacy Rule.
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