Guest guest Posted June 7, 2007 Report Share Posted June 7, 2007 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 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 7, 2007 Report Share Posted June 7, 2007 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 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 8, 2007 Report Share Posted June 8, 2007 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 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 8, 2007 Report Share Posted June 8, 2007 , 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 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 8, 2007 Report Share Posted June 8, 2007 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 > > Quote Link to comment Share on other sites More sharing options...
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