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Can a state agency access my medical records without my co

nsent?...
Can a state agency access my medical records without my co nsent?
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Answered in 5 minutes by:
5/12/2013
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,318
Experience: Began practicing law in 1992
Verified

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.

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,318
Experience: Began practicing law in 1992
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Experience: Began practicing law in 1992

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