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D.Md.: Violation of HIPAA does not mandate exclusion of BAC results

By John Wesley Hall, Jr.

Defendant’s BAC level for DUI was obtained in violation of HIPAA since a trial subpoena was issued by the clerk without a court order, but the court refuses to suppress the evidence as a result because HIPAA does not require it. United States v. Elliott, 2009 U.S. Dist. LEXIS 122041 (D. Md. December 23, 2009): Neither Sutherland nor Keshecki compel a finding that medical information obtained through the use of an improper subpoena under HIPPA's law enforcement exception should be prohibited from use at trial. As mentioned above, HIPPA itself does not provide that medical information so obtained must be suppressed. The Court is unaware of any authority which compels the suppression of the records at trial. Nevertheless, the Court must still determine whether or not suppression is appropriate...continue to full post

Full post as published by Fourth Amendment on January 09, 2010 (boomark / email).