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Can a state agency access my medical records without my co…

Can a state agency access...
Can a state agency access my medical records without my consent?
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Answered in 5 minutes by:
5/12/2013
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
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: 34,389
Experience: Began practicing law in 1992
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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