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Officers Caught On Tape Violating The Hipaa Law

MichiganMedicalMarijuanaMagazine

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MichiganMedicalMarijuanaMagazine Advanced Member

MichiganMedicalMarijuanaMagazine

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The medical marijuana community today struck back in defense of patients victimized by the improper police raids conducted in Oakland and Lapeer Counties recently. On Fox 2 at 6PM Bill Gallagher interviewed Jim Rasor, attorney at law and a member of the Royal Oak City Council, who showed the camera and the world the search warrant used by County Sheriff’s deputies to gain access to Compassionate Care Center of Michigan. The warrant outlines what is to be seized; medical records are not on that list, but they were seized and evaluated on-site anyway. Fortunately, the Michigan Medical Marijuana Magazine and the CCCOM staff obtained a video of the raid, contacted legal representation, and are aggressively pushing the issue in the media and in the courts. Individually, patients are having their rights trampled on in Michigan on a daily basis; by exposing this violation of the people’s trust, we hope other law enforcement officials will think twice before turning someone’s very private pain into a public spectacle. Please continue to put pressure on the officials responsible for this indifferent violation of the HIPAA act, and the Oakland County crew that terrorizes those streets as well.

 

Join us in a protest of not only these actions but every vicious act committed by law enforcement against Medical Marijuana patients, caregivers and those that love them. Continue the positive energy and support this week’s rally gained for our movement by showing your face and exercising your voice on Monday, Sept. 13th. You can drive individually to the Lapeer County Sheriff’s Department or you can ride with us!

 

Destination 1: Lapeer County Sheriff

3231 John Conley Drive

Lapeer, Michigan

 

Arrival time: 12:30 pm

Departure time: 2:00 pm

 

Destination 2: Oakland County Sheriff

1200 North Telegraph Road, Building 38 East

Pontiac, Michigan

 

Arrival time: 3:30 pm

Departure Time: 5:00 pm

 

Buses will be boarding in Oak Park, Lansing, Kimball Township, Ypsilanti and Ann Arbor at 10:30 AM. Buses provided by the Michigan Association of Compassion Centers at no charge to the riders. For bus loading details, please call 248 399-5299 begin_of_the_skype_highlighting              248 399-5299      end_of_the_skype_highlighting. Bus space is limited so please call right away! Buses will return to their original pickup points by 6-6:30PM; bus riders must be willing to stay with the group from start to finish. Be strong! Michiganders are tough!

 

Michigan Medical Marijuana Magazine

Michigan Association of Compassion Centers

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peanutbutter Advanced Member

peanutbutter

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Once in a great while, a law gets passed that limits the powers of the government.

 

Our MMA law is one of those kind of laws. Instead of being a tool to arrest people with, this law has a target of limiting the government.

 

In a recent ruling, a Michigan court of appeals ruled the protections given in the MMA are rights.

 

That elevates the need of the system to pay attention to the direct order of the voters of Michigan. We are talking about civil rights violations. It’s time to shake the “gray” out of your head. You have had nearly two years to come to understand the direct orders of the voters of Michigan.

 

Attention government officials This law is for YOU to obey.

 

Medical records are an area of civil rights. They are already protected by federal and state law. But there’s a new law in town. The MMA adds a new layer of protection.

 

Messing with these medical records is a whole new crime. A civil rights crime. We have a civil right to expect government officials to be arrested when they break this law. By order of the voter of Michigan.

 

Here is the section of law I’m talking about:

 

Section 6 (h) The following confidentiality rules shall apply:

(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

This information is very sensitive. If the information is accessed by thieves, it places the very lives of the patients and caregivers at risk.

 

For nearly two yeas now, regular police and court procedure has placed these lives at risk. And they have done so by confiscating records of patients that contain their name address, medical condition, ability to grow marijuana or the address of the person growing for them. These documents have been made public court record. This information has been published in newspapers.

 

It is not the file but the information within the file that is protected. A copy of the application which a patient has sent in to the MDCH has every bit of information within the MDCH file.

 

We have been given, by way of civil right, the expectation of the legal system to arrest persons that have committed these crimes.

 

It is difficult for a police officer to understand that they are expected to arrest other officers. Here is another “gray area.” And the disbelief is what generates this blank spot in the heads of officials.

 

Police can and do, go to jail for civil rights violations.

 

The leadership of police agencies statewide have done a disservice to their officers by failing to teach them they could go to jail.

 

It isn’t the responsibility of the medical marijuana community to teach them about it. Break the law, go to jail.

 

Simple. Direct. No “Gray Area” there.

 

Would someone please arrest the sheriff of Oakland County for the mishandling of confidential information, pursuant to section 6 (h) (4) of the Michigan Medical Marihuana Act?

 

It is a protection we expect and it is an order of the voters of this state.

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itssortalegal10 Advanced Member

+itssortalegal10

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I was just talking about that in a different thread and someone had said they weren't sure HIPPA applies to caregivers...IT DOES!! I am so glad that they have found a real and IMPORTANT way to fight back...HIPPA causes A LOT of job loss in the medical community and I am sooo GLAD that they are using this against these pigs!

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mayorherb Advanced Member

+mayorherb

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I was just talking about that in a different thread and someone had said they weren't sure HIPPA applies to caregivers...IT DOES!! I am so glad that they have found a real and IMPORTANT way to fight back...HIPPA causes A LOT of job loss in the medical community and I am sooo GLAD that they are using this against these pigs!

A freaking amen.....Arrest with no bond,trash is office and house looking for copies of every ones papers,you know he is amking copies.

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Hempcheff Advanced Member

Hempcheff

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i wonder if they assumed that the hippa laws didnt apply to them. ya think they will argue that they dont apply because of the "during the commision of a felony" that they seemed to tag onto the firearms, etc..?

 

or, maybe they just didnt know the records were covered under hippa for the initial raid, but as for the subsequent raids, im sure they were informed that they were protected.

 

tough luck

 

"ignorance of the law is not a defense"

 

just to clarify my stancce, i hope leo gets whats coming to them, noone is above the law

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Hempcheff Advanced Member

Hempcheff

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The Michigan Medical Marijuana Act is also being violated. 6 months and/or $1000 fine for each violation. This part of our law has teeth and does not require us to go to federal court.

 

Section 333.26426

 

(h) The following confidentiality rules shall apply:

 

(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

 

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

 

(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

but who does the initial complaint go to? obviously we can not go file a complaint at the local, county or state leo, or is the process that easy to start? does anyone actually know? if its a CL case, would aclu act and what prompts them to act? i guess my question really should be, who has the authority to file a complaint? can anyone? or does it need to an injured party in the matter?

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bobandtorey Advanced Member

bobandtorey

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The Michigan Medical Marijuana Act is also being violated. 6 months and/or $1000 fine for each violation. This part of our law has teeth and does not require us to go to federal court.

 

Section 333.26426

 

(h) The following confidentiality rules shall apply:

 

(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

 

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

 

(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

i am glad that the MMMA is on top of this they took my records and every one else that ever went in n you do not have to buy meds from them they want your imfo when you come inn the door

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angie8186 Member

angie8186

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The day we were raided at Clinical Relief and the grey haired officer that was taking all of our patient records was told specifically "You know you are taking HIPPA protected records" and his reply was "I know exactly what I am doing" and then was told, good...because the ACLU attorneys will be happy to know that. He didn't seem to like that statement. If and when we ever get our video recorder from our camera system, and I hope to God it is presented as evidence at trial, the whole world will see the mistreatment of patients being thrown to the ground, handcuffed and terrorized. The camera angle will catch it all for everyone to see. Hopefully it doesn't become missing evidence.

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Hempcheff Advanced Member

Hempcheff

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Every single PA and even the AG, once made aware of this violation is obligated to file charges. It is not up to the affected person to file charges. Failure to do so by prosecutors is a violation of their oath and I'm sure it is grounds for impeachment. Additionally once the law is broken by LEO, the PA, or the AG the cloak of office is lifted. You can then sue them without their permission of immunity that they have granted themselves. In the case of our law, the target of this provision is the government. They are charged with maintaining privacy of this data, at their own peril. I am amazed the ACLU has not waded into this. This is a clear violation of civil rights. Right now the system is completely dysfunctional because of government corruption. I am demanding an investigation by state and federal officials, and immediate return of the records as well as immunity for anyone whose name appears in these documents as well as any acquaintances of the affected party. This demand was made initially one week ago and yet the clock continues to tick.

 

thanks for clearing that up for me BB!

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bobandtorey Advanced Member

bobandtorey

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The day we were raided at Clinical Relief and the grey haired officer that was taking all of our patient records was told specifically "You know you are taking HIPPA protected records" and his reply was "I know exactly what I am doing" and then was told, good...because the ACLU attorneys will be happy to know that. He didn't seem to like that statement. If and when we ever get our video recorder from our camera system, and I hope to God it is presented as evidence at trial, the whole world will see the mistreatment of patients being thrown to the ground, handcuffed and terrorized. The camera angle will catch it all for everyone to see. Hopefully it doesn't become missing evidence.

 

i am going to call are Lawyers to see if they can help me and you to get them Records back they took my Records too i have 3 ACLU Lawyers we are lucky

 

only because we were the first ones in Michigan to be Raided all here know are Story it was a dark day almost 2 years now and it comes back to us every night not knowing if tonight is when they come back.

 

and they will come it's why i go to every Rally i can we have Leo on the run

 

 

 

 

Peace from the front

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