Can LE ever subpoena medical records to build a case against either a provider or a client regarding prostitution?
I recall a controversy some years ago where defense attorneys would try to subpoena a rape victim's counselling records. Was some thing established to shield those records, and by extension would all medical records be out of bound?
Would these laws vary state by state, or is there some Supreme Court ruling that mark these records as beyond reach of LE?
I know, for example, that IRS returns can not be used unless the crime involves tax fraud, etc. You'd think that medical records would be accorded the same rights.
Your medical records are 'privileged information' and protected by HIPAA. LE wouldn't be able to subpoena those records for a bullshit prostitution case.
The link below by a legal firm directly addresses the issue you're raising. --z
Thank you. Since HIPAA is a federal law, is it correct to assume that this subpoena override would apply in all 50 states?
It doesn't matter what state you live in, HIPAA is federal law. If your concern is merely a prostitution bust, I wouldn't worry about your medical records. A subpoena of medical records is a "heavy lift". It would require a HIPAA-compliant court order signed by a judge. Your local judge might do that if you murdered someone. Even then, you'd be notified first, & you could fight that subpoena on grounds of privileged information and privacy rights.
Medical providers are quite leery of violating any aspect of HIPAA. My son is college age & still under my health insurance. I had a question about a charge from his doctor's office. But I needed a "HIPAA compliant" written waiver signed by my son before billing would even discuss the item with me. And I'm the guy paying the bill.
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