Sheriffs want lists of patients using painkillers

NewObserver.com ^ | 9-8-2010

[MediaMole]

Yeah, lets start raiding the homes of cancer patients and other people with chronic and acute pain. Great idea.

If two aspirin are good enough for the Sheriff, they’re good enough for some 80 year old with liver cancer.

[mad_as_he$$]

Sheriffs meet HIPPA. I would sue your a$$es off.

[LurkedLongEnough]

Here’s the rule on law-enforcement access to your medical records. You might be surprised. Don’t let the word “Privacy” in “HIPAA Privacy Act” bamboozle you.

http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_for_law_enforcement_purposes/349.html

[TheThirdRuffian]

That’s amazingly assine of the cops.

[scott7278]

As it stands now, doctors and pharmacists are the main users.

Who are the other users?

[Opinionated Blowhard]

While I'll give the sheriff the benefit of the doubt that he is doing this with good intentions, this is a really bad idea. Warrantless stops and frisks would aid in crime prevention too—more so than this. So would permitting the sheriff to enter the house of someone they reasonably believe is a criminal without a warrant. Heck, let's just move to the Soviet or Nazi system where they can detain you without cause. That would really cut down on crime.

And what is the next step? The sheriff sees that someone is using a lot of pain killers. Does he then get their personal medical history to see if they have some disabling disease?

Its things like this that have turned a lot of conservatives from pro-law enforcement to a more hesitant stance.

[razorback-bert]

Drug test them!

[CSM]

“Relax, read between the lines.

LEOs realize they will never get such records, but are using thisas a scare tactic for the dopers.”

Yep and seat belt laws will never be a primary offense. Smoking will never be banned on private property. Hey, if you have nothing to hide, there is no reason to be worried about encroaching government.

[bill1952]

I cant believe that LEO anywhere in America would think that this is even remotely acceptable.
Nazi Germany or Soviet Russia MAYBE, but here?

[Jackson57]

Under Obamacare, they won’t even have to ask ...

[RC2]

This is easy. Just give him a list of all our Democratic politicians. Or just do a drug test.

[Tex-Con-Man]

As long as they promise that no one else will have access to the information, I guess it’ll be OK. I mean, what could go wrong?

[Eagle Eye]

“We’ll never use your medical records for anything other than your medical care. Honest!”

And they'll never take your car or cash without a conviction either, will they?

[Scythian]

Imagine if they asked for a list of those with Aides ... (the firestorm)

[antiRepublicrat]

HIPAA does allow for access to medical records by law enforcement, but it’s on a per-patient basis with restrictions and safeguards. What are they going to do, submit a list of everyone in the state?

[henkster]

Let me tell you how else this will work out. They will create a database of all “known drug users” from the Rx data. It will be made available by computer link. Most cops now have laptop computers in their cars. In Indiana, if they run your license plate in the computer, it will automatically link to the driver license status of the registered owner. If the registered owner comes back with a suspended license, the cops make a stop and go from there (certain restrictions apply, but this is generally the case).

Now the same link will go one further; run the plate #, link to registered owner, then link to “drug user” database. Cop then creates flimsy excuse to stop car (”weaving within it’s lane”). One thing leads to another and you have a DUI arrest.

[jiggyboy]

Unless I’m in his or her jail, no sheriff has any business knowing what medications my physician has prescribed for me.

And in that situation, he'll go out of his way to ignore your desperate pleas for insulin or antibiotics or heart medicine or whatever it takes to keep somebody sane and functioning for another day. The list of lawsuits from people at death's door due to police/prison refusal to give them the medicine they came in with is a long one.

[Buckeye McFrog]

Sheriff of Mayberry vs. HIPAA?

[antiRepublicrat]

Nazi Germany or Soviet Russia MAYBE, but here?

There's a Yakov Smirnoff joke in there somewhere.

[puppypusher]

The Feds already are tracking what kind of drugs your using especially if your using nasal decongestant anti-allergy medications.

Every time you buy it your required to show a drivers license and then sign an electronically recorded signature available to the D.E.A.

This is supposed to stop diversions of these drugs to methamphetamine cookers.