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Sheriff wants doctors to have patients sign away rights
Herald Tribune ^ | October 1, 2012 | Lee Williams

Posted on 10/05/2012 12:42:12 PM PDT by Altariel

SARASOTA COUNTY - Doctors who prescribe pain medications sometimes find themselves in a tough spot: they may want to report suspicious or clearly illegal behavior by patients, but they are prevented from doing so by the sweeping federal medical privacy law known as HIPPA.

dministrators with the Sarasota County Sheriff's Office, which is fighting a prescription drug epidemic that led to 113 overdose deaths in Sarasota and Manatee counties during 2010, thought they had found an easy way to learn more about medical patients who might be breaking the law to get pills.

Their solution? Provide doctors with a form patients could sign that would waive their privacy rights and allow detectives to examine an individual's records without getting permission from a judge, an approach that other jurisdictions in Florida are now considering.

The medical information waivers — which did not carry any indication that they were written by a law enforcement agency — were handed out last year to about 30 local pain doctors, who were asked to have patients sign them. But the measure never gained traction with doctors, and, so far, none has submitted a form signed by a patient.

Moreover, the move has drawn sharp criticism from some in the Sarasota County medical community and from defense lawyers who call it a sly way to violate a patient's constitutional privacy rights and protections under the federal Health Insurance Portability and Accountability Act, the so-called HIPPA law.

Normally, police would have to apply for a search warrant or obtain a subpoena for the records, said Assistant Public Defender Mark Adams.

(Excerpt) Read more at heraldtribune.com ...


TOPICS: Miscellaneous
KEYWORDS: donutwatch; florida; sarasotacounty

1 posted on 10/05/2012 12:42:17 PM PDT by Altariel
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To: Altariel

A copy of Sarasota County's medical privacy waiver form. CLICK HERE to see a copy of the waiver forms.


2 posted on 10/05/2012 12:42:52 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

I agree it’s a sly way to violate rights.

But in Tennessee, Purchases of controlled substances are kept on a database. Any doctor can pull a patient’s history and see if they are doctor shopping for pain pills.

They are also required to refer patients to pain management centers if their pain management is long-term.


3 posted on 10/05/2012 12:47:09 PM PDT by DannyTN
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To: Altariel

Our Sheriff here in Onslow County (Ed Brown), has been aiming towards the same goal.


4 posted on 10/05/2012 12:51:10 PM PDT by USMCWife6869
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To: Altariel

HIPAA

Journalists are so stupid.


5 posted on 10/05/2012 12:56:44 PM PDT by petitfour
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To: Altariel

Privacy? Hipaa? You’ve got to be kidding.

http://gains.prainc.com/pdfs/integrating/Dispelling_Myths.pdf

“there had ben 22,664 complaints received by OCR (Office of Civil Rights of the Fed Dept of Health and Human Services) through Sept 30, 2006, not a single penalty has been imposed.”

And if you shuffle through the DSM (psychiatry’s diagnostic compilation) you’ll find that various drugs/FDA approved or Street, used to relieve pain automatically qualify a person as incurably mentally ill, and Goodbye Rights.


6 posted on 10/05/2012 1:10:12 PM PDT by To-Whose-Benefit? (It is Error alone which needs the support of Government. The Truth can stand by itself.)
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To: Altariel
'dministrators,' that's a hint for a good word (dhimistrators) - if 0 stays in office, this is a good term for his bureaucrats.

(dhimi - I think I've got that spelled right)

7 posted on 10/05/2012 1:10:37 PM PDT by the anti-liberal
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To: Altariel
But the measure never gained traction with doctors, and, so far, none has submitted a form signed by a patient.

Good for those doctors! 0bama Care will replace them however with good little drones.

8 posted on 10/05/2012 1:19:56 PM PDT by TigersEye (dishonorabledisclosure.com - OPSEC (give them support))
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To: Altariel

I wouldn’t call this a violation of privacy, since it is voluntary. I only ask why the patients would agree, as if to say “Okay, officer, I’ll help you bust me”? Of course people are stupid. But nit that stupid, apparently, since forms aren’t getting back to cops.


9 posted on 10/05/2012 1:21:25 PM PDT by Tublecane
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To: Altariel

How is this “sly”? It’s rather in your face and obvious.


10 posted on 10/05/2012 1:22:41 PM PDT by Tublecane
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To: Tublecane
The sheriff was counting on the doctors not telling patients the real purpose of the waiver. Once the FedMob has more control over doctors they will be more compliant.
11 posted on 10/05/2012 1:24:18 PM PDT by TigersEye (dishonorabledisclosure.com - OPSEC (give them support))
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To: TigersEye

Yes, relying on people being stupid. But it wasn’t sly of the cops since obviously doctors are not cops and do not share the cops’ interest in curtailing their business. Which makes the cops as stupid as we can assume are the patients.


12 posted on 10/05/2012 1:29:32 PM PDT by Tublecane
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To: Tublecane
Stupid, lazy and in pain. When you're in a doc's office waiting to be seen and they won't see you until you sign a raft of forms 20 pages thick you don't read them all and consult a lawyer you sign them.

The cops overestimated their influence with the doctors this time but 0bamaCare regs will break their resistance down.

13 posted on 10/05/2012 1:41:42 PM PDT by TigersEye (dishonorabledisclosure.com - OPSEC (give them support))
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To: USMCWife6869

Disturbing; hopefully this is not the tip of an iceberg.


14 posted on 10/05/2012 1:48:42 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Tublecane

Why would a patient agree?

They are counting on people to *not* read before signing and for it to be another page in the “routine” paperwork and waiver forms people expect to sign.


15 posted on 10/05/2012 1:58:38 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: To-Whose-Benefit?
“there had ben 22,664 complaints received by OCR (Office of Civil Rights of the Fed Dept of Health and Human Services) through Sept 30, 2006, not a single penalty has been imposed.”

You may want to update your research. The rule was passed in 2006, the same year mentioned in your factoid.

It took a while, but the first penalty (2011) was $4.3 million. There have been plenty (plenty) since then.

16 posted on 10/05/2012 1:59:48 PM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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To: To-Whose-Benefit?
One source: HIPAA Bares Its Teeth: $4.3m Fine For Privacy Violation
17 posted on 10/05/2012 2:02:14 PM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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To: Altariel

Yup. Glad I read all paperwork from one prospective doctor. About 2/3 through the forms was a privacy waiver, that allowed doctor to to report any “dangerous” tendencies to proper authorities. Examples were usage of alcohol, overuse of pain pills, gun ownership, and others.
I tore up the paperwork and walked out.


18 posted on 10/05/2012 2:19:54 PM PDT by absolootezer0 (2x divorced tattooed pierced harley hatin meghan mccain luvin' REAL beer drinkin' smoker ..what?)
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To: DannyTN
I agree it’s a sly way to violate rights. But in Tennessee, Purchases of controlled substances are kept on a database. Any doctor can pull a patient’s history and see if they are doctor shopping for pain pills. They are also required to refer patients to pain management centers if their pain management is long-term.

Yea knoxnews.com has been a huge shill for the database. I don't understand how a conservative city can have such a liberal newspaper. When the editor hears about the waiver he'll likely order a new ten artcile series be written on wanting that as well. Seriously after Cagle left KNS it's been a steady decline and about as left leaning as the Memphis paper now.

KNS has yet to write an article saying how stronger post operation pain meds were once used in the hospital and given out by nurses until the patient was released. Hospitals addressed the pain before you were release. HMO's forced hospitals and doctors into One Day Surgery. Also they fail to mention many people are now surviving injuries that a decade or so ago meant death in most cases. The patient lives now but some will have life long serious pain. When they get done with that KNS starts on other medications they want databased as well.

19 posted on 10/05/2012 2:42:04 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: To-Whose-Benefit?
"Goodbye Rights."

And "Hello" disability check!

The Kenyan must go.

20 posted on 10/05/2012 2:51:04 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: Altariel
i wasn't aware HIPPA covered illegal activity...
21 posted on 10/05/2012 3:03:08 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Altariel

More surrender of rights to the almighty state.

The doctor/patient privilege is as sacrosanct as priest/penitent and lawyer/client privileges.

What needs to go is the asinine War on Drugs.


22 posted on 10/05/2012 4:27:52 PM PDT by Emperor Palpatine ("On the ascent of Olympus, what's a botched bar or two?" -Artur Schnabel)
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To: USMCWife6869

Then in the next election, throw the Nazi out.

This why more and more Americans hate law enforcement. They shoot family dogs and old ladies with abandon...now this crap.

To Hades with all of them.


23 posted on 10/05/2012 4:27:58 PM PDT by Emperor Palpatine ("On the ascent of Olympus, what's a botched bar or two?" -Artur Schnabel)
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To: the anti-liberal

2 “m”s/

dhimmi


24 posted on 10/05/2012 4:28:05 PM PDT by Emperor Palpatine ("On the ascent of Olympus, what's a botched bar or two?" -Artur Schnabel)
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To: Chode

End the tax-wasting, rights-violating, and little old lady and dog-killing War on Drugs.

The only reason drugs were ever made illegal was a sop to the Bronfmann family - who owned Seagrams and gave tons of money to Roosevelt’s campaign in 1932 - by FDR when he promised to see Prohibition repealed in 1932.

That was too much competition for Seagrams, Inc. after booze was legal again.

It never fails to amaze me how people who call themselves conservatives are in reality a bunch of authoritarian statists at heart.


25 posted on 10/05/2012 4:29:17 PM PDT by Emperor Palpatine ("On the ascent of Olympus, what's a botched bar or two?" -Artur Schnabel)
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To: Altariel

Handed out a year ago, and yet never once used, and it’s making news today. Hmmmm.


26 posted on 10/05/2012 4:54:32 PM PDT by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: Emperor Palpatine
It never fails to amaze me how people who call themselves conservatives are in reality a bunch of authoritarian statists at heart.

Agree. This is but one of many reasons why I'm neither Left nor Right (nor Independent) - (imo) both (all) sides suffer various 'socio-psychopathologies,' each in their own way.

27 posted on 10/05/2012 5:40:03 PM PDT by the anti-liberal
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To: Emperor Palpatine

‘dhimmistrators’ then :)


28 posted on 10/05/2012 6:26:08 PM PDT by the anti-liberal
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To: Emperor Palpatine
for the most part i agree with you, and as far as i know, REEFER MADNESS was paid for by the ABA(American Brewers Association) but my statement still stands, if people are getting legal narcotics illegally let alone for sale, i do not believe the HIPPA act covers them from prosecution... and any additional signing away of rights are not required
29 posted on 10/05/2012 9:54:45 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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