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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband (pharmacist) is an addict who's been to rehab 4

Customer Question

My husband (pharmacist) is an addict who's been to rehab 4 times. Last month I called 911 because he was clearly impaired and out of it. The medical personnel arrived and called the sheriff just in case my husband wouldn't willingly go to hospital. He went to ER without incident. He told the medical personnel at our house he took Methamphetamine 5 days prior. He also had taken benzos and barbiturates. The ER doc approached me and asked if I'd be willing to talk to the police and write a report because the DEA should know about this because my husband is a medical professional. I never spoke to police at hospital. Yesterday I went to get a copy of police report and the report said that a nurse from the hospital called the sheriffs office to see if they wrote a report. When they said yes, she instructed them to forward to DEA diversion control. Is this a violation of HIPPAA? We are in California
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'm not following your reasoning. Who do you believe violated HIPAA and why?