State v. Huse

HIPAA does not affect the Hardy rule that a defendant does not have an expectation of privacy in the BAC results of blood taken and tested by a hospital. Additionally, it is not a violation of CCP Art. 38.23 for a prosecutor to obtain medical records through a grand jury subpoena, even when that subpoena was not signed by the grand jury foreman, and the information not directed to be returned to the grand jury. Read.