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Re: NEW HIPPA Question

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Tell them to talk to the DA and get a subpoena for the records.  That's the

only way you can give it to them without violating HIPAA.

Gene

NEW HIPPA Question

I need help finding information for release of protected health information

to law enforcement. Information requested is for a patient now deceased with

no known relative.

The scenario is of an inmate transported from a jail to a hospital, then

transferred to a larger hospital where the patient died.

A criminal investigation into the circumstances of death is performed by the

specialized division of the Department of Public Safety.

What is required from the law enforcement investigator in order to obtain

statements and copies of PCR?

Feel free to respond in private.

, Director

Seminole EMS

302 S. Main

Seminole, Texas 79360

FAX

Cell

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No offense intended to anyone, but why do we keep looking for ways to get around

the legal requirements of a statute?   Granted, HIPAA is a pain in the

derierre, but it's the law.  Why do we cower in the presence of some guy with a

gun and a shiny badge?  What's wrong with politely telling a law enforcement

officer that you have to comply with the law? 

Come on, y'all.  I like law enforcement usually.  (And some of my best friends

are cops, really!)  But our job is to provide patient care within the confines

of the law.  I never saw anything in my EMT or Paramedic textbooks about our

job being to make things easier for the cops.   Granted, if we can help a

public safety colleague, we try our best.  But otherwise, we've got to follow

the same laws that everyone else does. 

If it makes you feel any better when you tell the nice officer to get a subpoena

from the DA, imagine you're talking to the last state trooper who wrote you a

ticket.  :-)

-Wes Ogilvie, attorney, paramedic student, EMT, deputy associate EMS list cynic

Austin

NEW HIPPA Question

I need help finding information for release of protected health information

to law enforcement. Information requested is for a patient now deceased with

no known relative.

The scenario is of an inmate transported from a jail to a hospital, then

transferred to a larger hospital where the patient died.

A criminal investigation into the circumstances of death is performed by the

specialized division of the Department of Public Safety.

What is required from the law enforcement investigator in order to obtain

statements and copies of PCR?

Feel free to respond in private.

, Director

Seminole EMS

302 S. Main

Seminole, Texas 79360

FAX

Cell

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Guest guest

Wes,

Subpoenas have been requested from the start. However, sometimes the wording

of the law (rule) is clear as mud to those of us who do not read, study or

practice law. I know this question just followed a long thread on HIPPA, but

this scenario involved the death of an inmate where a criminal investigation

by the Rangers is being conducted.

I value the information I receive through this group, and understand it is

not offered as " legal council " . I think many times we already have the

correct answer, but having the " masses " doing the same thing and confirming

it lends strength to our position. Thanks to all for the input.

It is also important that everyone know that the Ranger and other Law

Enforcement have been very cooperative, understanding and polite with the

request for subpoena.

, Director

Seminole EMS

302 S. Main

Seminole, Texas 79360

FAX

Cell

NEW HIPPA Question

I need help finding information for release of protected health information

to law enforcement. Information requested is for a patient now deceased with

no known relative.

The scenario is of an inmate transported from a jail to a hospital, then

transferred to a larger hospital where the patient died.

A criminal investigation into the circumstances of death is performed by the

specialized division of the Department of Public Safety.

What is required from the law enforcement investigator in order to obtain

statements and copies of PCR?

Feel free to respond in private.

, Director

Seminole EMS

302 S. Main

Seminole, Texas 79360

FAX

Cell

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Share on other sites

Guest guest

,

I completely understand.  It was not my intent to criticize you at all. 

I should apologize for " hijacking " your question.  I was just complaining about

the tendency of some in EMS to look for ways around the law to make nice to the

cops.

I'm glad that a subpoeana is involved -- provides you the perfect excuse -- the

judge made you do it!

-Wes

NEW HIPPA Question

I need help finding information for release of protected health information

to law enforcement. Information requested is for a patient now deceased with

no known relative.

The scenario is of an inmate transported from a jail to a hospital, then

transferred to a larger hospital where the patient died.

A criminal investigation into the circumstances of death is performed by the

specialized division of the Department of Public Safety.

What is required from the law enforcement investigator in order to obtain

statements and copies of PCR?

Feel free to respond in private.

, Director

Seminole EMS

302 S. Main

Seminole, Texas 79360

FAX

Cell

Link to comment
Share on other sites

Guest guest

It is inconceivable to me that a Texas Ranger wouldn't know how to obtain the

records he needs. Doesn't the DPS have any lawyers? Any policies and

procedures for this? Have they never encountered a HIPAA situation before?

I'm sorry, but I don't give them a pass. The rules are quite clear about

what can be released to law enforcement. Anyone can access them by just

Googling " HIPAA disclosures to law enforcement. "

Maybe I'm reading too much into this. You have said that the Ranger and the

cops have been cooperative, and that's expected. However, all they would

have had to do is present the proper subpoena first, and then you wouldn't

have had the problem about whether or not to release the information.

DUH!

Gene

>

> Wes,

>

> Subpoenas have been requested from the start. However, sometimes the wording

> of the law (rule) is clear as mud to those of us who do not read, study or

> practice law. I know this question just followed a long thread on HIPPA, but

> this scenario involved the death of an inmate where a criminal investigation

> by the Rangers is being conducted.

>

> I value the information I receive through this group, and understand it is

> not offered as " legal council " . I think many times we already have the

> correct answer, but having the " masses " doing the same thing and confirming

> it lends strength to our position. Thanks to all for the input.

>

> It is also important that everyone know that the Ranger and other Law

> Enforcement have been very cooperative, understanding and polite with the

> request for subpoena.

>

> , Director

>

> Seminole EMS

>

> 302 S. Main

>

> Seminole, Texas 79360

>

>

>

> FAX

>

> Cell

>

> NEW HIPPA Question

>

> I need help finding information for release of protected health information

> to law enforcement. Information requested is for a patient now deceased with

> no known relative.

>

> The scenario is of an inmate transported from a jail to a hospital, then

> transferred to a larger hospital where the patient died.

>

> A criminal investigation into the circumstances of death is performed by the

> specialized division of the Department of Public Safety.

>

> What is required from the law enforcement investigator in order to obtain

> statements and copies of PCR?

>

> Feel free to respond in private.

>

> , Director

>

> Seminole EMS

>

> 302 S. Main

>

> Seminole, Texas 79360

>

>

>

> FAX

>

> Cell

>

>

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