Sunrise, FL asked in Civil Rights, Health Care Law and Medical Malpractice for Florida

Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent. However, there are exceptions, especially if there is a belief that you may pose a threat to yourself or others. In such cases, health providers may be permitted to disclose information to law enforcement to protect you or the public.

If Henderson Behavioral Health disclosed your medical records to the Sunrise Police for the purpose of obtaining an ex-parte order against you, it's important to understand the specific circumstances under which this occurred. For instance, if there was a genuine concern for immediate harm, the disclosure might fall within legal exceptions. However, the details of these exceptions and whether they apply to your situation would need to be closely examined.

You have the right to inquire about the disclosure of your medical records and, if you believe your privacy rights have been violated, you can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights. It may also be beneficial to consult with a legal professional experienced in health care law and privacy rights to review your case and advise you on the best course of action. They can help determine if there was a violation of your rights and what remedies might be available to you.

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