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Submitted via IRC for Runaway1956
How private are your medical records? You'd think they'd be pretty damn private, considering Congress specifically passed a law regulating the disclosure of these sensitive records. Some states feel the same way, extending even greater privacy protections to things like prescription records.
[...] Seems pretty locked down, but as Leslie Francis and John Francis point out at the Oxford University Press blog, federal law enforcement agencies have undone both Congressional protections and state protections.
Utah's requirement for a warrant conflicts with the federal Controlled Substances Act (CSA), which permits the DEA to issue administrative subpoenas for information relating to individuals suspected of violations of the CSA. According to a US Department of Justice report, administrative subpoenas may be issued by the agency without judicial oversight and without the showing of probable cause that would be required for a warrant.
When states provide more protections to residents than the federal government's willing to grant, it's often the state laws that lose, especially when controlled substances are involved. Such is the case here, at least so far. The DEA demanded the release of patient info/prescription records without a warrant, something forbidden by Utah law. The state objected to the DEA's records demand. The DEA responded by flexing its considerable federal muscle.
The DEA countered with the Supremacy Clause: valid federal laws are superior to conflicting state laws.
The court ended up agreeing with the DEA: patient info and prescription records aren't afforded additional privacy protections, no matter what HIPAA/state laws have to say about the matter.
(Score: 1) by fustakrakich on Wednesday September 13 2017, @10:07PM (3 children)
I said good day,sir! [youtube.com]
La politica e i criminali sono la stessa cosa..
(Score: 1, Funny) by Anonymous Coward on Wednesday September 13 2017, @10:21PM (2 children)
Does getting in the last word (albeit by posting a meme instead of a word of your own) substitute for an argument in your world? I'm curious, as I'd prefer insight into the mind of someone who presents as someone encouraging solutions to the problem of literally-criminal government, and yet later cheerleads [soylentnews.org] for that same criminal government!
Are you upset that I revealed that your actions are contributing to the very problems you mentioned when starting this thread [soylentnews.org]? Are you simply deathly afraid of the IRS? Do you disagree with my assertions personal income tax revenues [nationalpriorities.org] are the Achilles Heel of criminal federal government [cbpp.org] (especially considering the employee's salary suffers to pay for "employer-paid" portions of income taxes)?
Are you just upset that you seem a lot less insightful when pressed for substance?
(Score: 1) by fustakrakich on Wednesday September 13 2017, @10:26PM (1 child)
You're that APK guy from over at slashdot, aren't you?
Whatever, by all means, you are more than welcome to the *last word*... toodles
La politica e i criminali sono la stessa cosa..
(Score: 0) by Anonymous Coward on Wednesday September 13 2017, @10:36PM
So, you don't have any answers to my questions? Your primary thrust that PEOPLE DO SOMETHING turns out to be nothing but vapid hot air, and ultimately support for the very thing you labelled as a problem in the first place? You're content to fart around the room like a punctured balloon rather than respond with substance to my thin but well-supported barb?