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.