Can Police Get Blood Results from Hospital?
The age-old debate about police accessing hospital blood results has been a subject of controversy and legal back-and-forth for several years. With the aim of shedding some light on the matter, we’ll examine the current legal framework in the United States, examining the laws, regulations, and court cases surrounding police access to hospital blood test results.
Lack of Clear Regulation
Upon initial examination, it might seem that hospital blood results are protected under medical privilege, a privilege that limits the disclosure of patient-protected information without consent or a court order. However, this privilege can be waived by patients, and in the case of a crime investigation, patients may not always have an expectation of privacy in regards to their blood test results.
Inconsistency Across States
There are no federal laws directly addressing police access to hospital blood test results, meaning that the rights and privacy of patients can vary drastically depending on where they receive medical treatment. In recent years, a handful of states have implemented specific regulations or laws restricting or explicitly permitting police access to patient medical records, including blood test results, but the majority have remained largely silent on the matter. This lack of consistency makes it challenging to establish clear guidelines for hospital blood testing and police investigation protocols.
Case Law
Case law has been a determining factor in shaping the law surrounding police access to hospital blood test results. Key cases include:
• United States v. Montoya de Hernandez (1985): The Fifth Circuit Court of Appeals established that medical records and test results may be legally obtained by the government with or without a court order if there is probable cause that the records will provide critical evidence in an investigation, provided that the request complies with HIPAA’s requirements.
• Jaffee v. Redmond (1996): The U.S. Supreme Court solidified this principle, allowing police to access hospital blood test results for a search warrant with or without a court order if a judge determines the search warrants are reasonable.
What Laws and Regulations Say
Given the lack of direct regulation, we turn to established laws and regulations for some guidance:
• Hipaa (2009): The Health Insurance Portability and Accountability Act does not explicitly prohibit the sharing of medical information for the purpose of criminal investigation.
• Electronic CommunicationsPrivacy Act (ECPA) (1986): This act permits certain government agencies to seize electronic evidence, including hospital computer records, during investigations; however, police still need a valid search warrant to obtain hospital records.
• Crime Information and Control Systems Act (1974): Allows law enforcement to pursue an audit and extract information from computer data for investigational purposes.
When Can the Police Get Blood Results from the Hospital?
- Probable cause exists, which suggests police have a good faith and reasonable belief that a search will uncover relevant evidence
- Consent has been given, either explicitly or implied by the patient, parent, or guardian
- A search warrant, issued by a court of competent jurisdiction, provides permission to seize records
- HIPAA guidelines for disclosure allow sharing without patient authorization, but only for certain situations deemed "necessary"
Patient Rights and Consent
Ultimately, patients’ medical records, including blood test results, belong to the patient and can be shared with authorities if requested. The right of privacy is still present, but warrants must be issued with the knowledge of the judiciary, preventing unfettered police access to medical records. Prior to sharing hospital blood results, patient consent (explicit or implied) would be required or an established legal framework to protect patient privacy and the confidential nature of the records must be in place.
