Results 1 to 10 of 10
  1. #1

    Default Medical Records Improperly Accessed by Hospital Personnel

    My question involves civil rights in the State of: Maryland

    I was a patient at a hospital. While there, I struck a male nurse. He accessed my records to get the information to file a criminal complaint against me. I think this was unlawful. Do you think it's possible to nullify the criminal complaint?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,168

    Default Re: Hippa and a Criminal Complaint

    Quote Quoting Sire
    View Post
    My question involves civil rights in the State of: Maryland

    I was a patient at a hospital. While there, I struck a male nurse. He accessed my records to get the information to file a criminal complaint against me. I think this was unlawful. Do you think it's possible to nullify the criminal complaint?
    No, it won't get the criminal case against you dismissed. The federal Health Insurance Portability and Accountabilty Act (HIPAA) prohibits a covered entity, which includes hospitals, from disclosing protected health information (PHI) of patients without the consent of the patient except in certain circumstances. Those privacy rules are spelled out in regulations issues by the U.S. Department of Health and Human Services (HHS) and are found in the Code of Federal Regulations (CFR), which is the compilation of regulations issued by federal agencies. Under the HHS regulations that implement the HIPAA privacy rule, there are several exceptions in which a disclosure of PHI may be be made without the consent of the patient. One of those exceptions is the following:

    (5) Permitted disclosure: Crime on premises. A covered entity may disclose to a law enforcement official protected health information that the covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the covered entity.

    45 CFR 164.512(f)(5). In short, the disclosure to police of your identity information and that you struck a hospital employee is permitted and no consent from you was required. The reason for this exception is obvious: if the hospital could not make the disclosure then it would allow patients to harm others while in the hospital with impunity, and clearly the Congress and HHS are not going to allow that.

  3. #3

    Default Re: Hippa and a Criminal Complaint

    Thank you

    Is a commissioner a law enforcement official?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Hippa and a Criminal Complaint

    What commissioner?

  5. #5

    Default Re: Hippa and a Criminal Complaint

    Quote Quoting Mr. Knowitall
    View Post
    What commissioner?
    The person who took the criminal complaint

    Quote Quoting Taxing Matters
    View Post
    No, it won't get the criminal case against you dismissed. The federal Health Insurance Portability and Accountabilty Act (HIPAA) prohibits a covered entity, which includes hospitals, from disclosing protected health information (PHI) of patients without the consent of the patient except in certain circumstances. Those privacy rules are spelled out in regulations issues by the U.S. Department of Health and Human Services (HHS) and are found in the Code of Federal Regulations (CFR), which is the compilation of regulations issued by federal agencies. Under the HHS regulations that implement the HIPAA privacy rule, there are several exceptions in which a disclosure of PHI may be be made without the consent of the patient. One of those exceptions is the following:

    (5) Permitted disclosure: Crime on premises. A covered entity may disclose to a law enforcement official protected health information that the covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the covered entity.

    45 CFR 164.512(f)(5). In short, the disclosure to police of your identity information and that you struck a hospital employee is permitted and no consent from you was required. The reason for this exception is obvious: if the hospital could not make the disclosure then it would allow patients to harm others while in the hospital with impunity, and clearly the Congress and HHS are not going to allow that.
    The nurse went to the commissioner's office and filed a complaint himself. I'm still not certain that this was a lawful act.

  6. #6
    Join Date
    Oct 2016
    Posts
    2,802

    Default Re: Hippa and a Criminal Complaint

    If you are talking about you striking a nurse you are correct. That was an unlawful act.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,871

    Default Re: Hippa and a Criminal Complaint

    The nurse went to the commissioner's office and filed a complaint himself. I'm still not certain that this was a lawful act.

    Well, I'm certain that it was lawful act. There is nothing unlawful about him filing a complaint when he is the victim of an unlawful assault.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Hippa and a Criminal Complaint

    A district court commissioner is a law enforcement official as defined by federal regulation for this purpose,
    Quote Quoting 45 CFR 164.103. Law enforcement official
    Law enforcement official means an officer or employee of any agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, who is empowered by law to:

    (1) Investigate or conduct an official inquiry into a potential violation of law; or

    (2) Prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.

  9. #9

    Default Re: Hippa and a Criminal Complaint

    Alright. It looks like to me that filing the complaint was completely lawful. Therefore, the complaint is valid. Thank you everyone.

  10. #10
    Join Date
    Oct 2016
    Posts
    2,802

    Default Re: Hippa and a Criminal Complaint

    You are free to file all the complaints you would like. HHS will decide if the complaint has any merit. Which in this case they likely won't.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Can a Hospital Employee be Fired for Looking at a Relative's Medical Records
    By lawfacts in forum Employment and Labor
    Replies: 1
    Last Post: 02-21-2017, 11:36 AM
  2. Medical Records: What to Do if a Hospital Refuses to Give You Your Medical Records
    By lawfacts in forum Public Health and Welfare
    Replies: 1
    Last Post: 01-13-2017, 07:52 AM
  3. Privacy: Co-Worker Improperly Accessed My Medical Records
    By Bridget40 in forum Employment and Labor
    Replies: 5
    Last Post: 07-05-2015, 02:44 PM
  4. Medical Records: Hospital Employee is Improperly Accessing Medical and Insurance Records
    By dblamom in forum Public Health and Welfare
    Replies: 13
    Last Post: 05-29-2014, 01:54 AM
  5. Hiring: Can Police Personnel Departments Access Applicants' Medical Records
    By sittler7 in forum Employment and Labor
    Replies: 5
    Last Post: 10-13-2011, 02:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources