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Seeking HIV test created acceptance of risk of disclosure to law enforcement under HIPAA

By John Wesley Hall, Jr.

Defendant was charged with exchanging body fluids while HIV positive, and he challenged the release of medical information under state law and HIPPA. The Idaho Supreme Court held that the defendant assumed the risk of delivery to his HIV records to law enforcement when he sought the lab tests under HIPPA. State v. Mubita, 2008 Ida. LEXIS 113 (June 11, 2008): The State asserts the district court correctly held that Mubita lacked standing to assert a search and seizure violation with regard to his health records because he voluntarily released the records to a third party. The State relies upon United States v. Miller, 425 U.S. 435, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1976), and State v. Kluss, 125 Idaho 14, 867 P.2d 247 (Ct. App. 1993), to argue that Mubita had no legitimate expectation of privacy in information he voluntarily turned over to a third party...continue to full post

Full post as published by Fourth Amendment on June 16, 2008 (boomark / email).