Was HIPPA law broken and what right did a judge have to with hold confidential patient information from me especially when this not community property?
A: I think you mean "HIPAA" (Healthcare Insurance
Portability and Accountability Act). Under HIPAA, health care providers, health care plans and health care clearinghouses are obligated to maintain confidentiality
of patient records. Your spouse's attorney is not covered by HIPAA. Unfortunately, you apparently are
covered. Thus, if anyone has violated HIPAA, that person would be you, because you apparently did not assert your patients' respective privilege against producing the records. Legally, you could have asked the court to order opposing counsel to pay you for the cost of contacting each of your patients for consent to release the records, so as to permit the patients the opportunity to file a formal objection in court. By failing to do so, you could be liable for a HIPAA violation, which is a criminal act, if prosecuted.
Given how far wrong this episode has apparently gone, you may want to simply act as if none of this happened, because if U.S. Dept. of Health and Human Services finds out, you could be in a lot
Note: I'm not reprimanding you here. I'm just trying to explain how the inadvertent violation of HIPAA could create a serious legal problem that might threaten your license to practice.
Can a family law judge give my wife possession of illegal assault weapons when it is strictly against the law for her to have readily access to them?
A: This is an interesting question, and without conducting a massive amount of research, I really cannot be definitive. What I can
be definitive about is that if the court ordered the weapons transferred and your spouse refused to comply, then that is contempt of court and you can file an order to show cause
for contempt and have the court order your spouse jailed until she turns over the weapons. That would be the appropriate response to this situation, and it avoids the more technical legal question about the court's authority to create a de facto
transfer of the weapons to your spouse (which, ad hoc, my answer is that the judge probably does not have such authority -- anymore than the judge would have the authority to transfer a license to practice medicine from the actual practitioner who earned the license, to a spouse with no medical training).
Hope this helps.
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