unprivilaged patient to hospital statements

[ultraviol8d]

Scenario: In a mental health emergency resulting in ambulance xport for treatment for a psychological trauma at a hospital, a patient is admitted and left alone in a treatment bay with a mental health "crisis" counselor. As the patient struggles physically with muscular convulsions brought on by delusions of drowning he talks about what he believes has thrown him into shock. Desperate to recoup a consistent, rational perception of reality he speaks w the counselor offering details regarding a family tragedy involving the death of a close loved one (20) whom he discovered deceased approx 1 hr prior to being admitted and the role the deceased's former bf played in causing it and his proximity to her body at the scene. The counselor/not physician nor licensed medical practitioner of any kind keeps a record of the interaction which the police in turn order the counselling center to turnover for the the sake of an investigation into a violent crime allegedly committed by the patient. The counselor in question works w a state certified counselling center not affiliated w the hospital other than to address possible patient suicide concerns in the interim between intake and examination by ER MDs) the counseling center she works for contracts w the hospital w its staff acting in consultant capacity. Is the hospital and/or counselling center negligent in its responsibilty to the protection of data intended for and assumed to be covered by the medical record protections? Is the file that law enforcement took as evidence usable in court and under which kind of official order(s) would it become usable by the prosecutor in the criminal case against the patient? If he was encouraged by hospital staff to verbalize his mental anguish in efforts to regain control while making no statements regarding privacy rights or of patient privileged speech boundaries, does the patient have rights to privacy if they are under the impression that the counselor is medical staff?? Is HIPPA relevant? and if negligent, could attorney fees be recovered from the hospital et al if it turns out the statements made by the patient in the counselor's record are so prejudicial to the patient's criminal case that it could eliminate any chance of a fair trial?

 

[disagreeable]

Law Enforcement Purposes. 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

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

 

[army judge]

Scenario: In a mental health emergency resulting in ambulance xport for treatment for a psychological trauma at a hospital, a patient is admitted and left alone in a treatment bay with a mental health "crisis" counselor. As the patient struggles physically with muscular convulsions brought on by delusions of drowning he talks about what he believes has thrown him into shock. Desperate to recoup a consistent, rational perception of reality he speaks w the counselor offering details regarding a family tragedy involving the death of a close loved one (20) whom he discovered deceased approx 1 hr prior to being admitted and the role the deceased's former bf played in causing it and his proximity to her body at the scene. The counselor/not physician nor licensed medical practitioner of any kind keeps a record of the interaction which the police in turn order the counselling center to turnover for the the sake of an investigation into a violent crime allegedly committed by the patient. The counselor in question works w a state certified counselling center not affiliated w the hospital other than to address possible patient suicide concerns in the interim between intake and examination by ER MDs) the counseling center she works for contracts w the hospital w its staff acting in consultant capacity. Is the hospital and/or counselling center negligent in its responsibilty to the protection of data intended for and assumed to be covered by the medical record protections? Is the file that law enforcement took as evidence usable in court and under which kind of official order(s) would it become usable by the prosecutor in the criminal case against the patient? If he was encouraged by hospital staff to verbalize his mental anguish in efforts to regain control while making no statements regarding privacy rights or of patient privileged speech boundaries, does the patient have rights to privacy if they are under the impression that the counselor is medical staff?? Is HIPPA relevant? and if negligent, could attorney fees be recovered from the hospital et al if it turns out the statements made by the patient in the counselor's record are so prejudicial to the patient's criminal case that it could eliminate any chance of a fair trial?

If anyone is ever ACCUSED or SUSPECTED of a crime, he or she should remain silent, and speak only to his or her lawyer.

 

[ultraviol8d]

thank you for your attention to my matter. So HIPPA doesn't grant privacy protection beyond these broadly defined exceptions where law enforcement can exercise powers given to them by a court? Does the State have the ultimate word on what is admissible as evidence in a criminal case in one of its own courts? How do I research what kind of statements can and can not be entered? Last question for now, what if there were a privacy rights case pending in high court before a trial where a key piece of evidence will be made emboldened or disallowed depending on the opinion rendered regarding the State's position on councilor/patient privacy, for instance? (This is in Washington State). Your efforts and reply are deeply appreciated by some good people. I will pay it forward for SURE!

 

[army judge]

thank you for your attention to my matter. So HIPPA doesn't grant privacy protection beyond these broadly defined exceptions where law enforcement can exercise powers given to them by a court? Does the State have the ultimate word on what is admissible as evidence in a criminal case in one of its own courts? How do I research what kind of statements can and can not be entered? Last question for now, what if there were a privacy rights case pending in high court before a trial where a key piece of evidence will be made emboldened or disallowed depending on the opinion rendered regarding the State's position on councilor/patient privacy, for instance? (This is in Washington State). Your efforts and reply are deeply appreciated by some good people. I will pay it forward for SURE!

You're imitating Don Quixote and chasing windmills.
You should meet with four or five local lawyers and ask your questions.
You can meet with licensed WA state lawyers (or lawyers anywhere for that matter) for free during the initial consultation.
The initial consultation often runs 20-30 minutes giving you time to pose several questions.
You meet with a few more lawyers, you will likely have the information you seek from a lawyer licensed in your state.
An online forum is equipped to answer questions of far less complex than yours.

Good luck.

 

[ElleMD]

If someone a crime to a doctor, HIPAA does not bar that doctor from reporting it to the authorities nor is it automatically inadmissible in court. It may be thrown out for other reasons but not that it was shared with a doctor.