Florida DUI lawyer Mike Kessler wrote a nice piece recently on why your medical records aren’t so private . Under Tennessee law , your medical records aren’t private at all. Most people have the belief that your medical records are private and can’t be disclosed without your permission. Wrong . A federal law commonly known as HIPPA establishes some federal laws about disclosure. However , there is an exception for law enforcement purposes . So , the District Attorney’s office can issue subpoenas for your medical records for a grand jury proceeding or maybe at trial. Also , there is no doctor-patient privilege currently under Tennessee law.
One thing can be argued is that there is a common law duty that may apply. Right now there is no protection of the government from getting your medical records are using them against you. Maybe the Tennessee State Legislature will act to enforce a citizen’s right of privacy rather than allowing guns in bars.