People v. Bauer

(Court opinion corrected 8/23/10.) Defendant was indicted on two counts of felony DUI, and grand jury issued subpoena duces tecum on two occasions, requesting results of Defendant's blood-alcohol test performed during his hospitalization on date of car accident, and directing hospital to produce records for all blood and urine tests during that time. When no BAT results returned, another subpoena issued for Defendant's "general hospital records", and BAT results were then sent. No misuse of grand jury process because grand jury subpoenas were issued preindictment, the documents were returnable to the grand jury, and the prosecutor did not attempt to circumvent its authority. Law enforcement agencies, including State's Attorney's office, are not "covered entities" under HIPAA. (GOLDENHERSH and STEWART, concurring.)