Brooklyn, NY asked in Criminal Law, Immigration Law and Health Care Law for New York

Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical records may be required for evidence. By signing the waiver, you grant permission to share relevant medical information related to the assault with law enforcement and the prosecution.

This information can be crucial in building a case against the defendant. However, it's essential to carefully review the waiver. Keep in mind that the primary purpose of the waiver is to facilitate the investigation and prosecution of the assault.

Marco Caviglia agrees with this answer

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you've been a victim of assault and were treated in the ER, signing a HIPAA waiver form to assist in prosecuting the defendant can be an important step in the legal process. However, it's understandable to have concerns about privacy and the use of your medical information.

The Health Insurance Portability and Accountability Act (HIPAA) ensures that your medical information is protected and kept confidential. Signing a waiver allows specific medical information to be shared with legal authorities, such as the police or the district attorney's office, for the purpose of the investigation and prosecution of the crime.

It's important to know that this waiver is generally limited. It usually only permits the disclosure of information relevant to the criminal incident, not your entire medical history. You have the right to understand exactly what information will be disclosed and to whom it will be given.

If you have concerns or questions, you may want to discuss them with your attorney. They can help clarify the implications of signing the waiver and ensure that your rights and privacy are maintained throughout the legal process. Remember, your health and safety are of utmost importance, and the legal system has measures in place to protect victims of crime.

Marco Caviglia agrees with this answer

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