Health Information Management

Guards privy to inmate medical treatment don’t violate HIPAA

HIPAA Weekly Advisor, August 2, 2004

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Corrections officers present during medical care of an inmate does not violate HIPAA, a Tennessee judge said during a court hearing, reports the Chattanooga Times Free Press.

After stating he doesn't have the jurisdiction to formally rule on this issue, Judge Bob Moon denied a motion filed by the defendant stating that her rights under HIPAA were violated when a corrections officer stayed in the room during her treatment at a mental health institute, according to the Chattanooga Times.

Judge Moon asserted that although it's not his place to make a final decision, he thinks that the safety of the medical staff and the inmate depend upon the presence of guards, the Chattanooga Times says.



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