Can a hospital refuse to comply with a police search warrant?

California, United States of America


The following excerpt is from People v. Henry, E047193 (Cal. App. 8/31/2009), E047193. (Cal. App. 2009):

HIPAA does not bar police officers from obtaining information related to a perpetrated crime directly from a patient nor does it prohibit hospital personnel from allowing police officers access to a patient who was a victim of a crime. (Maier v. Green (W.D.La. 2007) 485 F.Supp.2d 711, 720-721.) Nor does it prohibit police officers from executing a properly issued search warrant, nor does it permit hospital personnel to refuse to comply with a search warrant. Indeed, the federal regulations expressly permit such disclosures, "Pursuant to process and as otherwise required by law." This standard includes a "court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer. . . ." (45 C.F.R. 164.512, subd.(f)(1)(ii)(A).)

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