WOODLAND, Calif. – Deputy District Attorney Aimee McLeod obtained the medical records of an accused person and asked the court for permission to review them without sufficient cause, according to court discussions Wednesday.
The records were requested in connection with a hearing to reconsider the accused’s $500,000 bail, which the defense argues is excessive and unrelated to the person’s medical history.
According to the Centers for Disease Control and Prevention, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the medical information of citizens and prohibits disclosure without consent. The CDC states, “The Privacy Rule permits important uses of information while protecting the privacy of people who seek care and healing.”
Deputy Public Defender Caryn Warren said, “Evidence code 998 doesn’t provide the DDA with privilege to obtain medical records.” Warren argued that if the prosecution obtains access to the accused’s medical records, it would violate HIPAA by releasing sensitive personal information.
McLeod obtained records that are passcode-protected, implying the documents were intended to safeguard private health data. Judge Hohenwarter confirmed the records originated from Woodland Memorial Hospital and contain sensitive personal information.
The court will hold a preliminary hearing this afternoon. Judge Hohenwarter, who currently has access to the records, will determine whether they may be shared with McLeod. If the accused does not consent to the release, the court could be in violation of their HIPAA rights.
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