Are the police illegally obtaining our records?

Discussion in 'Arizona Patients' started by 1freezy, Oct 29, 2012.

  1.  
    1freezy

    1freezy Well-Known Member

    http://www.prescottaz.com/main.asp?Search=1&ArticleID=111704&SectionID=1&SubSectionID=1086&S=1


    (In July, the detective obtained records from the state Department of Health that included names of medical marijuana "patients" and "caregivers.")

    Notice patient & caregiver are in parentheses in the article. Fuck them!
  2.  
    Hÿdra

    Hÿdra Active Member

    yes.......
  3.  
    HB DC

    HB DC Active Member

    "In June, the detective went to the Green Cross Clinic on 12th Place in Prescott to get a medical marijuana card for himself."

    I have been preaching this!! Watch out my friends! Have a keen sense of the "command presence" . These boyz are out to get every single person not following the "nothing of value is transferred in return" policy! Folks lack to realize the AMMA has brought the police force back to work! The jails are filling up! The AMMA simple has brought out the MJ users to the public and makes arrests alot easier!

    These boyz are out there!

    DEA working with the PHX police... Talk about a conflict of interest! Where the PHX police lack in authority the DEA fills that gap!

    I have no thoughts on the "informant" These guys are lurking too! Watch out! Right here on this Site...


    "In July, the detective obtained records from the state Department of Health that included names of medical marijuana "patients" and "caregivers." "

    Further, I will be writing to the AzDHS to see why and how, legally, these records were obtained! This is unfair play and could violate the HIPAA Act!

    If folks don't stand for what is right, these fucks will manipulate the Program in their favor! Which is slowly happening! Most lawsuits against the AMMA are not for patients or caregivers but for the profiteers of the industry!
  4.  
    Chronicseeker

    Chronicseeker New Member

    We need to file a joint suit on behalf of multiple/ the majority of patients. 1000 strong would bring some light to this scenario. This arrest is considered public info so that means no redacted documents. The distribution of patient records would be an open and shut case.

    THIS IS SERIOUS SHIT, this state is blatantly violating HIPPA, which is a huge fucking deal. Patients or not, medical records are being given away at the state level. This is Illegal (the same as an exchange of value)and someone needs to be held accountable just as patients and caregivers are for value exchange. Formulating a crackdown by illegally obtaining records is ILLEGAL. Humble get ready for 3rd st. bitch...

    I encourage everyone who frequents the AZ boards to take a moment out of their day to contact the OCR.

    http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
  5.  
    HB DC

    HB DC Active Member

  6.  
    irieie

    irieie Well-Known Member

    Why does everyone draw conclusions that are not there. Law enforcement may obtain records with a search warrant or a court order. Seeing that the detective was conducting an investigation, I would assume he somewhat knows how to do his job and abstained a search warrant in order to obtain those records. If he did not then the whole case could be considered fruit from the.poison tree and all charges will be dismissed. I hope this cop was that stupid. Also he could have obtained the records legally if he had the patient I'd numbers anyone with a business can set up an account to verify cards through the state. The only way to search the data base is with a patient or caregiver I'd number.
  7.  
    HB DC

    HB DC Active Member

    " The following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36-105 and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter"

    Maybe we all are reading the law wrong.. This is a matter of patient records not public info!

    With the AzDHS employer/law enforcement database - All they can do is verify status of card (current or not)!! Nothing more! So yes they would need ID cards first to see if they are current but does not disclose personal info ! If they have your card ID they likely have your name which they could go through their own databases for intel!

    Who knows!

    If they violated the HIPPA Act it is serious my friend! Not a walk through the park !


    HIPAA

    The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule, a Federal law that protects health information in electronic form, requires entities covered by HIPAA to ensure that electronic protected health information is secure.

    What Information Is Protected

    • Information your doctors, nurses, and other health care providers put in your medical record
    • Conversations your doctor has about your care or treatment with nurses and others
    • Information about you in your health insurer’s computer system
    • Billing information about you at your clinic
    • Most other health information about you held by those who must follow these laws
  8.  
    irieie

    irieie Well-Known Member

    I think people need to start living in reality instead of making things up and freaking out about them because they don't really know what they are talking about. The above comment shows no regard or aptitude for that matter with how law is practiced and implemented. Furthermore you did not even read the second half of the statement you just quoted and underlined. First off if a judge issues a court order or signs a search warrant, then the amma records must be given to the law enforcement with the warrant, that's how the law works. We don't know whether this happened or not but we know if it did not happen then the entire case could be thrown out. Let's put that aside the dhs can give out records if they feel it is pursuant to enforcing the amma therefore if they have good reason to believe someone is in violation of the amma ie they are selling edibles as an unlicensed dispensary, they may disseminate the records to law enforcement. Go read what you quoted and ask a lawyer if you don't understand.
  9.  
    HB DC

    HB DC Active Member

    Yes sir!!!

    They must play by the rules too! Or is that of not concern!

    Look up caselaws man!

    I bet you there is one pertaining to the release of records for police for medical records! NOT Allowed!

    There have been many wrongful warrants issued!

    Maybe you don't know about the Corruption in AZ!
  10.  
    HB DC

    HB DC Active Member

    Hold my own medical record against me in court...
  11.  
    Chronicseeker

    Chronicseeker New Member

    HIPPA is a Federal law/act...
  12.  
    1freezy

    1freezy Well-Known Member

    They never play by the rules.

    :(
  13.  
    Lucius Vorenus

    Lucius Vorenus Well-Known Member

    yes they are.

    and if you are truly growing where your Caregiver card says you are, you're on the radar. Especially if you're in one of the towns that is hardcore against it, like Chandler/Gilbert.
  14.  
    irieie

    irieie Well-Known Member

    Please direct me to such specific cases....
  15.  
    lokie

    lokie Well-Known Member

    Not being affiliated with any LEO, I suspect if they are a state employee and have a need to know it would not be hard for them to get.
  16.  
    HB DC

    HB DC Active Member



    Federal Aviation Administration v. Stanmore Cawthon Cooper -
    (about sharing medical info) is a good start to finding what you are looking for!To find a case law that directly correlates with this issue would take tons of time! But if you would like to take the time doing the research here are some tools folks use! I am no lawyer and never have I said my words are fact! If you research it on your own time! You will see how in most cases the medical record is confidential!

    I am not claiming to be right nor wrong... I am saying if my medical records are used against me in a MMJ related offense I am fighting it! That simply! AND WILL LIKELY WIN!
    All medical info paper, digital and oral are protected by Federal law! If any law conflicts with the Federal law, the Federal law is Supreme over the matter!

    http://www.findlaw.com/casecode/
    http://law.justia.com/cases/
    http://www.law.cornell.edu/


    Hurricane Sandy has folks pissed this week!
  17.  
    irieie

    irieie Well-Known Member

    Why do you use exclamation points so much? They are even injected! mid sentence! You know that means you are yelling.
  18.  
    BeaverHuntr

    BeaverHuntr Well-Known Member

    lol!!!!! Ha! Ha!
  19.  
    HB DC

    HB DC Active Member


    Does it bother you that much ?

    If you have some stupid shit to say to me you have all means to communicate your grievances with me privately so your attacks are redundant!


    I wished you the best of luck and you begun to attack me since...

    Frum noh un iz wil wite proapally jus 4 u !!!
  20.  
    irieie

    irieie Well-Known Member

    Why do you take things so personally all the time? I am sorry if you feel attacked when I argue your statements. If you don't want a response then don't make a statement.

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