NY Gun Confiscation From Medical Diagnosis

[Jay]

So it's illegal to have a dirty mind in NY? They may as well just sink Manhattan into the ocean, then...

My understanding is Giuliani really cleaned up 42nd street.

[dkv]

This is such a huge HIPPA violation

HIPAA does allow for the release of protected information to law enforcement.

[TAZ]

So it's illegal to have a dirty mind in NY? They may as well just sink Manhattan into the ocean, then...

Now there is a shovel ready job I'd volunteer for; right after we get done with that whole pesky San Andreas Fault thingie.

WRT to HIPPA and reporting to LEO, I was under the impression that those reports were to be made if there was reason to believe the patient presented a danger to himself or others or there was reason to believe they were part of a criminal activity. Is that not the case? If it is this guy should be rich suing everyone.

[Jay]

HIPAA does allow for the release of protected information to law enforcement.

My understanding is a Warrant is required for this.

[Jay]

Apparent case of mistaken Identity

Now I am really dying to know what/how/why this happened in regard to them getting this information

http://www.wivb.com/dpp/news/erie/po...ans-gun-permit

[dkv]

My understanding is a Warrant is required for this.

From the hhs.gov website,
"To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws."

I do not think a warrant is needed in these cases (compliance with state law).

[Jay]

From the hhs.gov website,
"To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws."

I do not think a warrant is needed in these cases (compliance with state law).

My understanding is this was an 'old' prescription that this individual was no longer taking, hence the reason I am scratching my head trying to figure out how this came to pass.

[dkv]

My understanding is this was an 'old' prescription that this individual was no longer taking, hence the reason I am scratching my head trying to figure out how this came to pass.

These new reports make it seem like a case of mistaken identity, an administrative goof following some sort of release of medical information. I don't think we will ever find out how the information got out (medical provider complying with reporting requirements vs government agency overreach) but I hope we do. Hopefully the NYSP will get burned for both a HIPAA violation and a civil rights violation. Hopefully.