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Law enforcement is allowed to obtain Medical history records and HIPPA laws do not protect your rights against several agencies.

Austin, TX |

The HIPPA law clearly states the following are able to obtain your medical history...Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. Who Is Not Required to Follow This Law Many organizations that have health information about you do not have to follow this law. Examples of organizations that do not have to follow the Privacy Rule include: ■life insurers, ■employers, ■workers compensation carriers, ■many schools and school districts, ■many state agencies like child protective service agencies, ■many law enforcement agencies, ■many muni

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Attorney answers 1


What is your question?

I will tell you that while the law may provide that some can access your medical history records, the accessor would need to know where those records were, for one thing. There is not a central reporting agency that keeps that information and one must go to the individual provider.

Second, even if the accessor is not prohibited by law from obtaining records under HIPPA, most medical providers will NOT provide records without the patient's permission unless the accessor has a HIPPA release, a court order, or a subpoena.

An example is prosecutors - they are an arm of law enforcement. However, at least most, if not all, medical providers decline to provide them without records without a court order or subpoena. For example, when a person is involved in an accident in which a death occurs, the law says that the driver must provide a sample of blood. While the police will take the person to the hospital and get the blood, in order to get the results, generally the grand jury issues a subpoena to get them (and whatever medical records might be relevant.)

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.