Can ICE violate the usual HIPAA protections?
Immigration attorney Katie P. Russell, J.D., explains how HIPAA protections still apply regardless of a patient’s immigration status.
Physicians Practice: What about HIPAA? Does this provide any sort of protection? Can agents just get in and legally access patient records or treatment areas without patient consent or a court order?
Katie P. Russell, J.D.: No, of course not. HIPAA still applies—it protects all patient health information, regardless of immigration status. ICE agents cannot access medical records or treatment areas if they only have an administrative warrant. They would need either a valid judicial warrant, the patient’s consent (which is not recommended), or another type of subpoena or court order that complies with HIPAA privacy rules and clearly specifies what it authorizes them to access.
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