To qualify as a disclosure for law enforcement purposes, the subject of the protected health information must be the target or subject of the investigation and the activity or investigation may not relate to: (a) the receipt of health care; (b) a claim for public benefits related to health; or (c) qualification for or receipt of public benefits or services where the subject’s health is integral to the claim for benefits or services.77 In such cases, a covered entity may disclose protected health information to law enforcement pursuant to an administrative request only when the material sought is (1) relevant and material to a law enforcement inquiry, (2) the request is limited in scope in light of the purpose for which it is sought, and (3) de-identified information could not be used by law enforcement for the same purpose.78 However, law enforcement may still acquire records from covered entities without meeting these three requirements through the use of a court order, a subpoena issued by a judicial officer, or a grand jury subpoena.Given this, Kapiolani would be reckless to release anything to Sheriff Arapio’s posse without a court order or subpoena.
The investigation is about confirming the authenticity of the vital record and making a determination on Obama’s citizenship status, not to investigate SAD’s pregnancy. The so-called “receipt of health care” is incidental because a child can be delivered without receiving health care. Sorry, this is yet another of your ignorant and irrelevant excuses.