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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33096
Experience:  Began practicing law in 1992
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Can a state agency access my medical records without my co

This answer was rated:

Can a state agency access my medical records without my consent?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

In what context?

Customer:

A California state agency make an unauthorized entry into my medical records. Is this a violation of HIPAA regulations?

JD 1992 :

It's not an automatic violation. Can you provide some facts to put this into context?

Customer:

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.

JD 1992 :

Do you know if they issued a subpoena? Also, who did they get the info from?

Customer:

They did not issue a subpoena and I don't know how they got the info.

JD 1992 :

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?

Customer:

Yes, please.

JD 1992 :

It is 45 CFR 164.512(f)(1)(ii)(C)

JD 1992 :

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

Customer:

Thank you, XXXXX XXXXX know where all this is coming from.

JD 1992 :

Also 45 CFR 164.512(j)(1)(i)

JD 1992 :

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

JD 1992 :

Anything else I can assist with?

Customer:

I think that covers it, thank you again.

JD 1992 :

You're welcome and best wishes to you.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

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