[NP-Clinical] Police Response - Narcotics, HIPPA and the Law

[Stephanie Walker]

He's referring to the standard HIPAA (not HIPPA) notice of privacy  
practices. The patient's privacy rights are superseded by the state's  
interests when public health issues, the commission of a crime are  
involved or if a subpoena has been issued, as well as for the  
purposes of insurance reimbursement & billing.

Also, I'm sorry if you're unhappy with the state of your California  
statutes but your arguments probably aren't as compelling in the  
other 49 states. It's a shame that your outrage about the laws seems  
to be resulting in your preferring to be the passive stooge of drug  
abusers. I don't know about you, but it really burns me up when I  
find a drug seeker has tricked me out of a narcotics prescription.

Stephanie Walker FNP

On Aug 4, 2007, at 2:06 AM, np at c-zone.net wrote:

> In CA these posted notices are posted to remind/inform patients that
> providers are "mandated reporters" for child abuse, child neglect,  
> sexual
> abuse of a minor, gunshot wounds, etc. etc.
>
>> I've seen several "Notices of Privacy Practices" from various  
>> places and
>> they all say that the protection does not extend to disclosures  
>> that are
>> required by law or involve the commission of a crime.  Wouldn't  
>> this be
>> such
>> an instance?
>>
>> Andy Craig, NP
>> Charlotte, NC
>>
>> -----Original Message-----
>> From: np-clinical-bounces at nurse.net [mailto:np-clinical- 
>> bounces at nurse.net]
>> On Behalf Of Calif NP
>> Sent: Friday, August 03, 2007 11:36 AM
>> To: NP Clinical
>> Subject: Re: [NP-Clinical] Police Response - Narcotics, HIPPA and  
>> the Law
>>
>>
>> That may still be construed as a violation of the patient's  
>> privacy rights
>> -
>> to report "to the authorities", but it sounds like a very good  
>> 'heads up'
>> warning to the patient that you'll check to see if there is
>> poly-pharmacy/provider going on.   Take a look at the CA Dept of  
>> Justice
>> website & the "CURES" program which allows a provider to request a
>> pharmacy
>> listing from them on the patient- and when the report is generated  
>> for the
>> requesting provider a copy goes to ALL the other pharmacies/ 
>> providers!
>>
>> ----- Original Message -----
>> From: Dorothy  <mailto:Dodie at pwshift.com> Malone-Rising
>> To: 'NP Clinical' <mailto:np-clinical at nurse.net>
>> Sent: Friday, August 03, 2007 6:55 AM
>> Subject: RE: [NP-Clinical] Police Response - Narcotics, HIPPA and  
>> the Law
>>
>>
>> I have in my medication agreement a clause that allows me to call  
>> other
>> pharmacies and providers to look for double (triple) dipping.  The
>> contract
>> says that abuse will be reported to the authorities.
>>
>>
>>
>> Dorothy Malone-Rising ANP, CDE
>>
>> Johnson Health Clinic & Diabetes Center of the Lamoille Valley
>>
>> 384 Lower Main West, PO Box 318
>>
>> Johnson, VT 05656
>>
>> (ph) 802-635-6689
>>
>> (fax) 802-635-7435
>>
>> PLEASE NOTE CHANGING E-MAIL ADDRESS:
>>
>> Dorothycde at comcast.net
>>
>>
>>
>>
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>> 2:22 PM
>>
>>
>>
>>
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