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I am on probation in california and i just got out of jail…

Customer Question
I am on probation...

I am on probation in california and i just got out of jail for a violation, but before i had to report i was hospitalized , i have my releaswe forms but i wanted to know if the probation officer can call them to verify and get my medicalnfo

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 11 months ago.Category: Criminal Law
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Answered in 9 minutes by:
9/13/2017
Criminal Lawyer: Lucy, Esq., Lawyer replied 11 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Federal privacy laws prevent health care providers from giving out patient information to third parties. They could release your records if you signed a waiver, but that would usually require the P.O. to mail the form before speaking with them. It's possible that the hospital would be willing to speak with him on the phone if he faxed in the HIPPA release.

Outside of a situation where you give permission, they can only give information to law enforcement in one of the following situations:

(1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests;

(2) to identify or locate a suspect, fugitive, material witness, or missing person;

(3) in response to a law enforcement official’s request for information about a victim or suspected victim of a crime;

(4) to alert law enforcement of a person’s death, if the covered entity suspects that criminal activity caused the death;

(5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and

(6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime

From what you've said, it doesn't sound like any of those would apply, but let me know if you think one of them might. They'd need a reason to subpoena your information, and if you went back to jail because of the violation, it wouldn't make sense to do it now.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Criminal Lawyer: Lucy, Esq., Lawyer replied 11 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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