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Discussion Starter · #1 · (Edited)
So I am listening to 5-0 scanner on iphone and here the Oneida county sheriffs come across for a welfare check. They give full name and address setting brother is worried due to strange texts and "he has firearms, a history of mental illness and is off his medications."

Man. Not cool.
 

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I think only healthcare workers are bound by HIPPA and not LEOs. I am a healthcare work and not an LEO so I don't no for sure. That being said I once put in a FOIL request for a list of every mental hygiene arrest in Monroe County for a research project and they would not give me the names. They only gave me the numbers.
 

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It's just a matter of time before the expensive upgrade of Police radio systems begins. Encryption. Not only will we not be able to monitor their activity going forward, but we will get to pay for the equipment and training changes. Nice.
 

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Some agencies are going digital, but not encrypted. So, if you think a channel is encrypted, do a bit of research and see if it is just simply digital. There are several digital formats, so it's matter of figuring out which one is being used. You will see a lot of agencies changing with the FCC mandate to go to narrowband.

Dispatch information usually does not violate HIPAA. Stating the name of the patient over the radio might be an issue that could be brought up, but how is a unit supposed to make contact with a patient. Also, in most jurisdictions, dispatch might give you location, type of incident, and then the "smith" residence. That would be hard to claim under HIPAA since saying something like the "smith" residence is not usually enough info to identify the patient...it is basically location information, just like saying "patient is in CVS".

Also, HIPAA technically only applies when an agency does electronic documentation or billing. So, law enforcement is exempt, any volunteer fire dept that does not bill is exempt, etc. Most of these agencies will still avoid releasing personal info of patients as good practice...and also to avoid potential liability under NYS privacy breach laws.
 

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Discussion Starter · #9 ·
Powerslave- that isn't violating your rights. If you want to apply for WOrkers Comp or return to work, they need to know you are fit to do so. Don't forget, employ at will state also.
 

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Powerslave- that isn't violating your rights. If you want to apply for WOrkers Comp or return to work, they need to know you are fit to do so. Don't forget, employ at will state also.
Would it be a violation for them to make me sign a paper to allow them to share what's wrong with HR? No sign then no back to work. I'm pretty sure HR does not need to know what was wrong with me.

Im also forced to give blood and be evaluated by the on site nurse practitioner every year in order to keep my health insurance.
 

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Either way, there's no HIPPAA violation when a non-HIPAA bound person is the initiator of the conversation. The brother in this case can say whatever he wants, at which point 911 will transmit the pertinent info to the responding police officers.
 

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Discussion Starter · #12 ·
Would it be a violation for them to make me sign a paper to allow them to share what's wrong with HR? No sign then no back to work. I'm pretty sure HR does not need to know what was wrong with me.

Im also forced to give blood and be evaluated by the on site nurse practitioner every year in order to keep my health insurance.
The last paragraph I have nver heard of and would disagree with them. But I am not an attorney or labor law specialist. I have seen where you get reduced rates if you do the health screening.

Your employer only needs to know what is wrong with you if they are returning you to work or drawing WC payment.
However, if your employee handbook or policy says "employee must return xyz paperwork to us within x hours after seeing their doctor for a work related injury" then I believe you are screwed and I know you can be disciplined for not following company policy. They can't discipline you for being injured, that's an OSHA violation. But they can for not following policy.
 
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