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To: sometime lurker

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


887 posted on 07/21/2012 6:20:50 PM PDT by rolling_stone
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To: rolling_stone
As I posted above: The DOJ is pretty specific about what qualifies as legitimate law enforcement disclosure under HIPAA
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.
So the investigation may not be related to the receipt of health care. And that's what the posse wants to know - did SAD receive health care at Kapiolani?

Any hospital with any sense would not risk a violation on something this flimsy, they would insist on a court order or subpoena.

888 posted on 07/21/2012 6:33:43 PM PDT by sometime lurker
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