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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Is it a violation of ppa to follow a licensed medical

Customer Question

is it a violation of hippa for police to follow a licensed medical cannabis producer to meet a patient or while delivering to there home?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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HIPAA is a law that prohibits licensed medical care providers from disclosing personal or confidential patient information to a third party without the consent of the patient. So the police can't violate HIPAA as they aren't licensed medical care providers. Further, even if they were, they aren't relating any confidential patient information to a third party by following the producer to deliver a product to a customer.

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So to answer your question directly, no, it is not a violation of HIPAA for the police to follow a producer..

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thanks

Barrister

Customer: replied 1 year ago.
Okay then if they follow the licensed medical cannabis producer aka (health care provider) that is bound by hippa to the patient then did the producer violate hippa because they were aware of the third party (law enforcement)s presence? Because the patients privacy is violated by the third party knowing and possibly harassing the patient???
Customer: replied 1 year ago.
Because to me it is like law enforcement going to a pharmaceutical company and following the drug to the patient!
Expert:  Barrister replied 1 year ago.

While a licensed medical cannabis producer might be considered a "licensed health care provider", it is unlikely that the Dept of Health and Human Services would consider this a violation if the police followed the person in the course of engaging in their legal business of delivering medical supplies. If that were the case, then a pharmacist would be in violation if they handed a customer a medication where it could be seen by others and this happens thousands of times a day...

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So no I don't see this as a violation by either the police or the producer. If the customer didn't want the producer to deliver their products, then they could have arranged to pick them up or meet them somewhere.

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But if the customer is a legal buyer here, then there is nothing illegal that is going on so as to arouse any police interest.

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thanks

Barrister

Customer: replied 1 year ago.
Lol. They are always interested in cannabis.. Thanks for your help.
Expert:  Barrister replied 1 year ago.

Well, that is true... but as cannabis becomes legal in more and more states, their interest should wane as they will be left chasing their tails trying to find a criminal violation..

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thanks

Barrister

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