Do Police Officers Look at Medical Records During Background Checks?

When it comes to employment in law enforcement, background checks are a crucial part of the hiring process. But how far do these checks go, particularly with regards to medical records? This article explores the limits of what information can be accessed and the myths surrounding the privacy of medical information during these checks.

Understanding HIPAA and Background Checks

The Health Insurance Portability and Accountability Act (HIPAA) is one of the most significant pieces of legislation concerning medical privacy. It establishes stringent standards for the handling and protection of protected health information (PHI). Despite its strict regulations, there are several misunderstandings about what constitutes a HIPAA violation and whether medical records can be accessed during background checks.

Common Misconceptions About HIPAA Violations

The Department of Health and Human Services (HHS) keeps a record of complaints related to HIPAA violations, including compliance reviews and enforcement actions. According to the latest statistics, the HHS has received nearly 300,000 complaints since the Privacy Rule went into effect in April 2003. The Office for Civil Rights (OCR) conducts thousands of compliance reviews or provides technical assistance when necessary. However, in more than 200,000 cases, these complaints were not reviewed by OCR for a variety of reasons, including the fact that the entity alleged to have violated HIPAA was not a HIPAA Covered Entity or the alleged activity did not actually violate HIPAA rules. In nearly 14,000 cases where reviews were conducted, no violation of HIPAA was found.

The key takeaway from these statistics is that while HIPAA is indeed a strict set of rules, it does not typically apply to all private employers or to the internal processes of hiring and background checks. The only time you are likely to see or obtain medical information is through a formal legal process, such as a subpoena.

Background Checks for Law Enforcement

When conducting background checks for prospective police officers, certain elements can be included, but medical records are generally not one of them. Here are a few conditions that could preclude someone from being hired as a police officer:

Criminal records: Prior convictions, especially those involving violence, can be a significant barrier. Drug use: Any history of drug-related offenses or substance abuse can impact the hiring process. Mental health: Certain mental health conditions, if not properly managed, could hinder one's suitability for law enforcement work.

However, the focus is typically on criminal and behavioral factors rather than medical information. The NICS (National Instant Criminal Background Check System) is often used to ensure that individuals do not have a history of mental illness or criminal behavior that would make them unsuitable for carrying firearms. In some states, the delinquent child support registry may also be checked.

Official Background Checks and Investigation

If you are being considered for a position that requires a background check, there are several scenarios to consider:

Employment Background Checks: These typically include verifying educational credentials, employment history, and previous references. Official Investigation: If you are subject to an official investigation, certain aspects of your background may be reviewed, but medical records are usually not included unless they are directly relevant to the investigation. Gun Purchases and Concealed Carry Permits: Background checks for these often involve checking the NICS system and, in some states, the delinquent child support roster. These checks are usually performed by dealers rather than by the police.

In conclusion, while background checks are essential for ensuring public safety and trust in law enforcement, medical records are generally not included in these checks unless there is a specific, relevant reason. The HIPAA laws are designed to protect individual privacy, and the majority of employment-related background checks are not subject to these stringent rules.

For more information on the intricacies of background checks and HIPAA regulations, consult the official HHS and OCR websites for the latest updates and guidelines.