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Old Landmark Case

Case Name: HAWAII PSYCHIATRIC SOCIETY
v. Geo ARIYOSHI, Governor

Date, Location, Cite: 1979 HI
481 F. Superintendent 1028
US District. Court. for Hawaii

HI passed a law saying Medicaid could search records to look for fraud.

 

The Psychiatric. Society said that was a violation of both patient & Dr's right to privacy. The Court said that right of privacy outweighs the State's interest in preventing fraud. It is difficult for a patient to bring this suit without violating their own privacy, so Society was right to file it.

 

Supreme Court has expressed that Family, marriage, parenthood & sex are areas of protected privacy.

 

Required. "Individual articulable suspicion" to get warrant for Psychiatric Records.