I have a revocation case where we are seeking to revoke defendant for violating probation by ingesting narcotics. Defendant overdosed and his tox screen in his medical records shows he was positive for illegal drugs. I got records from hospital and want to file as business records. Question is do I have to do anything special with his records before I file them with the Clerk's office in light of HIPPA?

We file in a motion and order sealing the affidavit and records from public view due to the confidential nature of the information. Let me know if you need an example and I'll e-mail it to you.

Thanks for the help Robert.

I like the earlier suggestion as 42CFR will provide more (potential) protections for the records than HIPAA, and the proposed process will circumvent attempts to prevent disclosure.