Was wondering if anyone is getting nailed by hospitals, Law Enforcement, EMS services or any other agency misinterpreting the HIPPA rules? If so, what action was taken to fix the problem?

An all day trip to the Grand Jury or Open Court with the medical records by the hospital's know it all might help them interpret the new laws different. Those wooden pews in our courthouse sometimes does the trick.

Check out my post on the Criminal Board on Hippa. There are several responses regarding problems that HIPPA has raised for law enforcement as well as prosecutors. I am a Senior Assistant General Counsel with DPS and I have been call after call from Troopers telling me that paramedics won't tell them which hospital accident victims were or are being taken to for treatment, what a victim's overall condition is (for DWI mandatory specimen purposes under Transportation Code section 724.012(b), etc. In rural counties, by the time the Trooper gets to the scene, the victims have already been transported. What a nightmare!.

Janette Ansolabehere

May be a stretch, but unless the HIPAA regulation is really ambiguous, one might argue the medical personnel is with criminal negligence interrupting, disrupting, impeding, or otherwise interfering with the peace officer while performing a duty or exercising authority imposed or granted by law. Will the person want to risk arrest for a Class B misdemeanor, or tell you what hospital the victims went to?

Latest subpoena trouble is with the V.A.

Since they are a federal organization they claim to be exempt from compliance with a GJ subpoena to produce records in a questionable death investigation.

HIPPA says they should comply, BUT, counsel claims that is only for a Federal GJ subpoena, not state.

Anyone have a remedy?

I've had this problem with the federal facilities. You probably should do a court order -- have prosecutor file a motion to show cause why they need the records, get the judge to order it, and there's your court order. There's a guy at the VA in Temple in their legal department that's pretty helpful and will tell you what you need.