records can be turned over to law enforcement "if required by law". What satisfies that condition? A simple request? Subpoena? Warrant?I thought HIPPA prevented this kind of thing?
Queue up the lawsuits
Part of the purpose of a warrant is to prove you're actually law enforcement. What's to stop me from just pretending to be a cop and asking pharmacies for records?records can be turned over to law enforcement "if required by law". What satisfies that condition? A simple request? Subpoena? Warrant?
HHS does need to issue guidance that the correct answer to the above question is a warrant, and nothing short of a warrant. The pharmacies can also push back instead of rolling over at every little request
CVS, Rite Aid, Walgreens hand out medical records to cops without warrants
Lawmakers want HHS to revise health privacy law to require warrants.arstechnica.com
Every pharmacy the shared info without a warrant need to be sued by US DOJrecords can be turned over to law enforcement "if required by law". What satisfies that condition? A simple request? Subpoena? Warrant?
HHS does need to issue guidance that the correct answer to the above question is a warrant, and nothing short of a warrant. The pharmacies can also push back instead of rolling over at every little request
CVS, Rite Aid, Walgreens hand out medical records to cops without warrants
Lawmakers want HHS to revise health privacy law to require warrants.arstechnica.com
I guess they don't want to be a pharmacy anymore. Yank their licence.
There is absolutely nothing illegal in what they are doing sadly. The rules need to be changed to ensure better controls.Every pharmacy the shared info without a warrant need to be sued by US DOJ
Are you saying that because the police "asked" for the information?There is absolutely nothing illegal in what they are doing sadly. The rules need to be changed to ensure better controls.
Hospitals, clinics, doctors, and pharmacies all are covered by the same HIPAA requirements. A good summary of HIPAA and law enforcement is here:I find it ridiculous that hospitals, clinics, Doctor's offices, etc. can't/won't release patient medical info without a proper warrant or at least a subpoena...but hey your pharmacy down the street can have some inept pharmacy technician offer up your records upon being asked.
Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) in response to a law enforcement official's request for information about a victim or suspected victim of a crime; (4) to alert law enforcement of a person's death, if the covered entity suspects that criminal activity caused the death; (5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.34
This.And now the prospect of it being weaponized across state lines.
Wait if the controls is that lax, then what prevents a civilian to pose as a leo with a home printed ID to acquire whatever-information?There is absolutely nothing illegal in what they are doing sadly. The rules need to be changed to ensure better controls.
Wait what? Your experience?In my experience pharmacies are very lax about providing information if you identify yourself as a doctor.
He is a doctor IIRC.Wait what? Your experience?
In my experience pharmacies are very lax about providing information if you identify yourself as a doctor.