I have had my detailed medical records requested. Are there limitations on what a probation officer can request?

Can you give us a little more information?

I have serious medical issues that include liver failure, depression, anxiety, gi bleeding, high blood pressure, vericeses, and gall stones. They have continued to request data on my conditions. They are trying to send me to rehab despite my continued clean data on alcohol and drugs. I have never done drugs. They have hooked me up to a scram device twice for three months within a year. They also test me randomly for drugs and alcohol. I have always been clean. What do you think?

Are you missing or reschedule meetings due to health?

But I don't see why the PO would even have a problem getting every record, you sign away almost all your rights to provicy and search to be on Probation

I am not missing anything. Also, I have gone out of my way to accommodate these people. You do not ever sign off on your rights per federal stutues. The PO gets everything she has asked for and keeps coming up with more. I know HIPAA has been violated. I was looking for someone that may some insight on a similar situation.

Sorry no there is no violation, and yes you give up your rights to searches while on probation for sure, for example they may enter your home anytime without search warrant if they want to, They may enter where you work to check on you, and so on.
And they may search your money and medical records,

You need to read the conditions of probation, most people have no idea. You may be held for weeks without due process at the time of violaton, till you get a hearing, You do get a hearing, but it can be 2 to 6 weeks after being put in jail for a violation.

... You do not ever sign off on your rights per federal stutues. ...

I don't think so. Can you cite the statutes?

Sorry no there is no violation, and yes you give up your rights to searches while on probation for sure, for example they may enter your home anytime without search warrant if they want to, They may enter where you work to check on you, and so on.
and they may search your money and medical records,

You need to read the conditions of probation, most people have no idea. you may be held for weeks without due process at the time of violaton, till you get a hearing, You do get a hearing, but it can be 2 to 6 weeks after being put in jail for a violation.

People have accessed my records and shared them with people outside the office. Pure and simple that is a violation. Have you read HIPPA? I welcome them to search my home and my bank records.

Ok, HIPAA only applies to Medical Professionals, not to business owners for example who may get your records for work purpose, So I will question this, have YOU read HIPAA I do training in it every year, For example in my work now, I get medical info on students to be sure they are fit for some classes we do, If I would give that info out, it is not a HIPPA violation, since I am not a medical professional. It may not be moral, it may be a violation of a company policy.

If the PO or someone in their office is telling non probation employees about your record, it is a violation of probation officers code of conduct and can be reported to their department but Probatoin or Parole is not under HIPAA.

Yes I have read HIPPA. You cannot share information with others that are not in a need to know basis. Good luck on giving that information to other people. That is a violation of HIPPA to the letter of the law.

It's HIPAA not HIPPA

Yes I have read HIPPA. You cannot share information with others that are not in a need to know basis. Good luck on giving that information to other people. That is a violation of HIPPA to the letter of the law. I actually teach HIPAA in the medical setting. Who is giving out your medical information? If it is not anyone associated with your medical care it is not a HIPAA violation.

Sorry for the typo. I don't think a federl magistrate will care. Substance vs. form, that is an accounting term. If someone shares the fact that I am dying from a terminal illness that has nothing to do with my probation, it is a violation of federal law. But also, if I go to the emergency room for any reason, my information cannot be shared with anyone without my consent. Have you read Hipaa?

I have had my detailed medical records requested. Are there limitations on what a probation officer can request?

Sorry for the typo. I don't think a federl magistrate will care. Substance vs. form, that is an accounting term. If someone shares the fact that I am dying from a terminal illness that has nothing to do with my probation, it is a violation of federal law. But also, if I go to the emergency room for any reason, my information cannot be shared with anyone without my consent. Have you read Hipaa?

I've not only read it, I teach it and your rights, from what I'm reading here, have not been violated.

Can you send me your medical records? I can then pass them on to anyone I run in to walking down the street.

Sure but that wouldn't be a HIPAA violation because you are not my doctor or nurse. So with what you are saying, with the info you provided here, I would violate if I talked about your medical condition in another thread.

Same, your work place gets a copy of your medical files, they may give it out to everyone at work and it is not a violation. It is against company rules normally but unless they are a doctor, hospital or medical place it is not a violation.

Look at it this way, it might be easier to understand. HIPAA stands for Health Insurance Portability and Accountability Act. It replaces, in a sense, the term doctor/patient privilege.

Yes they absolutley are under Hipaa. Federal law prohibits any company policy from overriding any federal statute. That fact has nothing to do with Hipaa.

Okay. If you say so. There is no way we are going to convince you otherwise... This coming from a certified HIPAA instructor.

But, there is no Federal Statue that stops a company or person who is not a medical professional from giving out the information, the only Federal law there is, prohibits medical professionals from doing it.

Example, if I legally got your records, I could give them to anyone I wanted to since I am not a medical professional.

You do not know what the HIPAA law is, You assume incorrectly it stops anyone from giving it out. This is a common mistake people make.

Certified in what? I have worked with CPAs for example. They were not always that competent. I feel for people that you are training. I violation of Hipaa can result in 2 to 3 year stint in Levenworth. If you are certified, I would be careful giving out this advice. The disclaimer you have at the bottom of your response does not constitute that your are free of liability if you say you are certified. That is part of the certification. See you on Monday.

I am a registered nurse and hold many certifications thank you.

For Consumers (http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html)


Right from the Government web site as to who Does not have to follow HIPAA

Employors and Law Enforcement as specificly listed as exempt from the law

Certified in what? I have worked with CPAs for example. They were not always that competent. I feel for people that you are training. I violation of Hipaa can result in 2 to 3 year stint in Levenworth. If you are certified, I would be careful giving out this advice. The disclaimer you have at the bottom of your response does not constitute that your are free of liability if you say you are certified. That is part of the certification. See you on Monday. Is that a threat?

You have a professional who teaches it, you have a professional who is trained in it, and now you have a link to a government web site that tells you exactly that Law Enforcement is not under the law.

If that is not enough, nothing will ever prove it to you.

This is all really unnecessary and actually pretty childish. I'm trying to help you but you take offense and threaten and attempt to demean me. I've never said anything derrogatory to you.

And of course while you don't want to hear this for sure, I see perhaps a reason for trouble with your PO, if you talk to them like this, try to quote laws and try to use Federal provisions with them, you will be high up on their list. While it is not right, I have been there and seen it.
Some people cause theirself to be the focus of attention to a PO who may live just to make their life a living hell. Using ever legal recourse they have.

You have a professional who teaches it, you have a professional who is trained in it, and now you have a link to a government web site that tells you exactly that Law Enforcement is not under the law.

If that is not enough, nothing will ever prove it to you.

You teach it to who? A professional? Trained by who? Law Enforcement is not under the law is an oxymoron. Is not that the point, they are under the law. Check a Florida case where someone got prison time for a violation. Check your facts.

Do you want us to help you or do you just want to argue?

There is no argue. I was just engaging in discussion. I am very well trained in law. I am concerned in people giving such advice or serious matters. You are a nurse, not a lawyer. However, you are giving legal advice.

You teach it to who? A professional? Trained by who? Law Enforcement is not under the law is an oximoron. Is not that the point, they are under the law. Check a Florida case where someone got prison time for a violation. Check your facts.

So you did not even take time to read the link to the FEDERAL WEB site explaining the law.

There is no argue. I was just engaging in discussion. I am very well trained in law. I am concerned in people giving such advice or serious matters. You are a nurse, not a lawyer. However, you are giving legal advice. And prior to mynursing career I was a paralegal. I know the law as well as medicine. There is nothing wrong with being educated.

Just an FYI my legal background is in products liability, insurance fraud, and medical malpractice. That was my profession before I decided to go back to school for nursing.

I'm only trying to help you but you are fighting me every step of the way to the point of threatening me.

If this line of discussion continues I will close this.

If the OP can show web site links to prove that law enforcement is covered please do so.

If the OP can show how the web link provided proving they are not covered is wrong please do so.

J9 status of expert is well noted and proven to this site and attacks on it will not be allowed

You have been reported

You have been reportedto who?

Thank you, you just reported me to me, I am one of the super moderators on the site,
This was a warning that from both sides, continue to just attack each other I will close this thread, That is my job here.

This is not a chat site, if you wish to provide any evidence you can, to support your side, please do, that we discuss, we provided links to government web sites you will not discuss what it said,

Also if you want to discuss what the law SHOULD be, I can move this to a discussion board where we are allowed to be more "frisky" in our discussion.

I think most will agree, everyone and all business SHOULD be requried to be under the law, the issue is, that HIPAA is very very limited law, it only covers a small group, not everyone in the US.

Can you send me your medical records? I can then pass them on to anyone I run in to walking down the street.

Yes, you could. By giving you my medical records I am releasing them to you do as you deem fit. Only if I got you to sign something that limited your ability to use those records would you be in legal trouble.

I've read through this entire thread and I have to say that you sir, as the saying goes, are an arse!

You asked a question and members of this site have tried to help you. The members are respected and senior members of this site, who have proven their knowledge and the quality of their advice over several years. But instead of trying to learn from their advice you have argued and insulted them. You have referred to laws yet have never given any specific cites. On the other hand you have been given links to information that show how wrong you are.

I don't expect you to be able to respond to this, but I had to let you know what a fool you made of yourself.

Yes, you could. By giving you my medical records I am releasing them to you do as you deem fit. Only if I got you to sign something that limited your ability to use those records would you be in legal trouble.

I've read through this entire thread and I have to say that you sir, as the saying goes, are an arse!

You asked a question and members of this site have tried to help you. The members are respected and senior members of this site, who have proven their knowledge and the quality of their advice over several years. But instead of trying to learn from their advice you have argued and insulted them. You have referred to laws yet have never given any specific cites. On the other hand you have been given links to information that show how wrong you are.

I don't expect you to be able to respond to this, but I had to let you know what a fool you made of yourself.

Just an update. It takes time to get things processed through proper channels. On Monday, the agency is giving there finding on the issue that policy and proceedures were violated. They are investigating whether any further actions are required due to the violations.

Maybe you should check who the fool is?