The drug enforcement agency wants inside your medical records
by Marty Carlson
The drug enforcement agency in their eternal fight in the war on drugs was to be able look inside your medical records. Apparently the fans are fighting to look at millions of private files without warrants including those of transgender men who are taking testosterone.
Case in point is what happened to Marlon Jones, who is a assistant Fire Chief of Utah’s United fire authority and was arrested for taking legal painkillers prescribed to him by a doctor after a double knee replacement.
He was married in a dragnet that was done to the states program to monitor prescription drugs after some more famous stole from an ambulance in 2012. During the investigation for in the mark missing morphine, law enforcement used unrestricted access to the states prescription drug monitor program database, which means they were looking at private medical records of nearly 500 emergency services personnel and all done without benefit of a warrant.
Jones was arrested, as was another firefighter and a paramedic on of prescription fraud.
Jones stated he got a call at work from the police chief, who we knew and worked with, Jones related to a state Senate committee last year. He was told that they thought he has a problem in your taking too many medications we need to make sure that you’re no longer a threat to the community for yourself being the good people that they were they told him they were doing this to help him.
The scene was described by Jones as there were three police officers pounding on his door, saying they had a warrant for his arrest and there are going to take him in the relayed to the committee. It was a middle of the day on his front doorstep, in front of his wife and daughter. He was handcuffed put in a police car and a took him to jail.
He was charged with 14 felony counts that they were all later dropped.
The drug enforcement administration now wants that same kind of power, stating they want access to an Oregon database containing the private medical data of more than 1 million people.
The DEA has claimed for years that under federal law it has the authority to access the state prescription drug monitor program database, and only requiring an administrative subpoena. Their claim and there are unilaterally issued orders that do not require a showing of probable cause before court, like is required to obtain a warrant.
Oregon in 2012, sued the DEA to prevent it from enforcing the subpoenas to snoop around his drug registry. And two years ago a US District Court found in favor of the state, ruling that the prescription dad is covered by the fourth amendment protection against unlawful search and seizure.
But that doesn’t stop big brother, the DEA appealed the ruling to the Ninth Circuit Court and has been fighting tooth and nail ever sense to access those files.
The case puts the Obama administration against the state and the five individual plaintiffs, who are labeled as John Doe 2 and John Doe 4, and are transgender and take prescription hormone drugs are covered by Oregon’s prescription monitoring law.
The ruling against the DEA in 2014, said District Court Judge Ancer L Haggerty that he called warrantless searches of such data in egregious invasion of privacy.
Haggerty stated that it’s is difficult to conceive a more deserving fourth amendment protection. And the prescription records obtained for individuals like John does number 2 and number 4, a person would know that they have used testosterone in particular quantities and that they have a gender identity disorder and are treating it through hormone therapy.
He also stated is more than reasonable for patients to believe that law enforcement agencies will not have unfettered your private medical records
The Obama administration argues that since the records have already been submitted to a third-party which is Oregon’s PDMP the patients no longer expect an expectation of privacy.
It must be noted in some of my personal research and the Obamacare debacle, the one things that I am covered is that the previous HIPPA writes that we enjoyed have now been changed in this Obama care legislation. Many people I have talked to will not accept that I what I’m saying a little research will prove what I’m saying.
I must note that patient billing offices are receiving requests for information from third parties just to gain personal information. This is the local pediatrics office that I know somebody works in the billing department. They are receiving requests daily from third-party interests and requesting personal information about the patients, and this being a pediatrics office the patient’s parents with personal information like Social Security numbers.
And as you saw in the article the Obama administration’s contention is that the presence of a third party waives privilege which is a common legal tactic to get around privacy issues. So your insurance company contracts with another company to get what they call demographics that there actually get personal information not just demographics, then at that point which is unaware to the patient or the parents, your now given to a third-party and law enforcement can access your private records because you have in essence waived privilege because of the third-party that you had no knowledge of.
Trust me folks this is in Obama care. Don’t believe me look it up for yourself. You have no say so when they turn this information to a third party you don’t have an option to opt out like an Oregon and the PDMP but then the government wants he be able to use that against you as waiving privilege.
This is something that is going to continue and not get any better until we stand up and put a stop to it.