[bezacct]

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

[J_9]

Can you give us a little more information?

[bezacct]

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?

[Fr_Chuck]

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

[bezacct]

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.

[Fr_Chuck]

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.

[AK lawyer]

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

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

[bezacct]

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.

[Fr_Chuck]

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.

[bezacct]

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.

[J_9]

It's HIPAA not HIPPA

[J_9]

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.

[bezacct]

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?

[bezacct]

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?

[J_9]

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

[bezacct]

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

[J_9]

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.

[Fr_Chuck]

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.

[J_9]

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.

[bezacct]

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.