Bayville, NJ asked in Criminal Law and Medical Malpractice for New Jersey

Q: In NJ can a DAG get medical info on someone without a warrant, without a medical release signed by the patient.

cont. and the following circumstances DID NOT APPLY ( These circumstances include (1) law enforcement requests for information to identify or locate a suspect, fugitive, witness, or missing person (2) instances where there has been a crime committed on the premises of the covered entity, and (3) in a medical emergency in connection with a crime). The DAG intends to present the information obtained via a HIPAA violation to present as evidence in a grand jury hearing. Can we suppress this use of the information or have and charges that result dismissed?

1 Lawyer Answer
Leon Matchin
Leon Matchin
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let the court rule and if they decide against you then you should appeal.

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