Barnes said the IRS search warrant only Âauthorized the seizure of financial records related principally to a former employee of the company; it did not authorize any seizure of any health care or medical record of any persons, least of all third parties completely unrelated to the matter.Â
Despite this stricture, Barnes charged the agents Âseized personal mobile phones, including all the data and information on those phones, without any employing the proper and procedurally correct screening methods to protect private and privileged information, all of which was completely unapproved by the search warrant."
So the IRS had a warrant but Barnes said they couldn't have HIPAA records. I have no idea how the IRS people with the warrant are supposed to be able to grab everything they need in an expeditious manner while sorting HIPAA from non-HIPAA records. Presumably they were on the same computer(s).
(I realize that HIPAA records are likely supposed to be segregated and carefully controlled, but I have no idea about the details.)
I'm not buying the "jackbooted thugs" spin that I assume is out there (based on the breathless headlines) myself. We'll see.
Thanks.
Cheers,
Scott.