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Instead of seeking a warrant for which officers did not have probable cause, the New Jersey State Police subpoenaed the testing program to obtain the blood sample of a child, now nine years old, whose father was suspected of committing the assault, the New Jersey Office of the Public Defender claims.
So no warrant. Also maybe I don’t understand the US legal system, but federal law supersedes state law doesn’t it? And HIPAA is federal law.
:rat-salute-2: thank you. Holy fuck write your patient privacy laws better why on earth are there so many exceptions
Ngl I’m still not convinced that this was legal at all, even with our very minimal protections.
Unrelated though, stupid line in that FAQ:
Some other Federal or State law may require a disclosure, and the Privacy Rule does not interfere with the operation of these other laws
Motherfuckers why don’t you understand what you are? You are a federal law limiting information sharing. The whole point of that is that it overrules state laws. State laws should mean nothing to you and if a state says “We have a law” you should say “Sir this is a Wendy’s sit down.”
