HIPAA violation by the police

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PostPosted: Tue Oct 08, 2013 9:54 am   Post subject: HIPAA violation by the police  

If I get arrested to by the police on charges of intoxication and that police personnel injures me for which I had to seek medical assistance urgently, and transported to a nearby hospital by EMS. The police meets me at the hospital.



Will that police personnel have the right to access my medical history to find out the sobriety reading regarding the alcohol level in my blood. Or will that be a violation of the HIPAA along with the one who shares my information?


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PostPosted: Tue Oct 08, 2013 9:19 pm   Post subject:   

Your Blood Alcohol Content test at the hospital is authorized under state law. You can lose your driver license for failure to submit to a chemical test of urine or blood or a breath test if a law enforcement officer believes you may be under the influence of an intoxicant. There is no HIPAA violation when the test result is reported to the law enforcement agency that arrested you.



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MaxHerr
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PostPosted: Thu Apr 17, 2014 1:03 am   Post subject: HIPAA violation by the police  

If you were not in a vehicle or driving and you had an adverse reaction to medications and where taken to detox without being arrested and the detoxification unit took your breath alcohol, would the Police Officer be in violation of HIPAA by submitting the alcohol level information in his police report and entering that information into the public domain without my consent?



He should not of even been in the room with the nurse and hospital staff let alone been given that information. I was not on probation and had nothing to do with driving so implied consent would not even be an issue.


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PostPosted: Thu Apr 17, 2014 2:45 am   Post subject:   

Dear Upset&embarrassed . . .

HIPAA has virtually nothing to do with an arrest for suspicion of being under the influence of drugs or alcohol. As for an officer's presence while being tested or examined by hospital personnel, that, too has nothing to do with HIPAA.

HIPAA is primarily concerned with the confidentiality of "Protected Health Information" and there are specific exemptions for law enforcement in situations as you describe.



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MaxHerr
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