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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30375
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am on probation in california and i just got out of jail

Customer Question

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
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 month ago.

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.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any questions about this?