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In what context?
A California state agency make an unauthorized entry into my medical records. Is this a violation of HIPAA regulations?
It's not an automatic violation. Can you provide some facts to put this into context?
I received a traffic citation and somehow the DMV got hold of my records and found out that I am a type II diabetic. I do not require medication and control my blood sugars with diet and exercise. They feel that the diabetes is enough to restrict my drivers license.
Do you know if they issued a subpoena? Also, who did they get the info from?
They did not issue a subpoena and I don't know how they got the info.
HIPAA has a specific section that allows the release of information to law enforcement officials. They usually use a subpoena but there is an exception that allows them to request the info without a subpoena. Do you want me to find that section for you?
It is 45 CFR 164.512(f)(1)(ii)(C)
There is also a page on that issue on the Department of Health and Human Services website at http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_for_law_enforcement_purposes/505.html
Thank you, XXXXX XXXXX know where all this is coming from.
Also 45 CFR 164.512(j)(1)(i)
I don't like that section of the law but it is used pretty often, usually in DWI type cases to get blood tests, etc
Anything else I can assist with?
I think that covers it, thank you again.
You're welcome and best wishes to you.
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