National Indian Country Clearinghouse on Sexual Assault

HIPPA And Subpoenas publications

 

Publications:


Statutes - 9

Medical Resources - 2

Additional Resources - 6

Protocols - 1

Legal Pleadings and Forms - 1

 

Statutes

 

18 U.S.C. § 1169 18 U.S.C. § 1169

 

This statute is a mandatory reporting statute. This statute imposes a federal duty to report child abuse or suspected child abuse in Indian Country. Failure to comply with this statute can result in federal incarceration.

 

 

25 U.S.C. § 2810 - Tribal Law and Order Act 25 U.S.C. § 2810 - Tribal Law and Order Act

 

Tribal Law and Order Act - The Tribal Law & Order Act strongly emphasizes the importance of decreasing violence against American Indian and Alaska Native women. The Act enhances tribes' authority to prosecute and punish criminals; expands efforts to recruit, train, and keep Bureau of Indian Affairs (BIA) and Tribal police officers; and provides BIA and Tribal police officers with greater access to criminal information sharing databases. It also authorizes new guidelines for handling sexual assault and domestic violence crimes.

 

 

Cherokee - Sexual Assault Code Cherokee - Sexual Assault Code

 

 

 

Ely Shoshone Tribe - Criminal Code Ely Shoshone Tribe - Criminal Code

 

 

 

HIPAA Administrative Simplification HIPAA Administrative Simplification

 

This document is an unofficial simplification of the regulations surrounding HIPAA and the resulting privacy rules.

 

 

The 2013 Reauthorization of the Violence Against Women Act The 2013 Reauthorization of the Violence Against Women Act

 

The 2013 Reauthorization of the Violence Against Women Act takes great strides towards ending intimate partner violence committed against American Indian/ Alaskan Native women. Most notably, the law allows tribal criminal courts to prosecute domestic violence laws against non-Indians.

 

 

Violence Against Women Act (1994) Violence Against Women Act (1994)

 

Violence Against Women Act (1994)- The Violence Against Women Act passed in 1994 focused on: community-coordinated responses that brought together, for the first time, the criminal justice system, the social services system, and private nonprofit organizations responding to domestic violence and sexual assault; recognition and support for the efforts of domestic violence shelters, rape crisis centers, and other community organizations nationwide working everyday to end this violence; federal prosecution of interstate domestic violence and sexual assault crimes; federal guarantees of interstate enforcement of protection orders; protections for battered immigrants; and a new focus on underserved populations and Native victims of domestic violence and sexual assault.

 

 

Violence Against Women Act (2000) Violence Against Women Act (2000)

 

This document describes the procedure that will be used when the Department of Justice's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking determines that a tribe is unable to implement SORNA within a reasonable amount of time.

 

 

Violence Against Women Act (2005) Violence Against Women Act (2005)

 

Violence Against Women Act (2005)- The Violence Against Women Reauthorization Act passed in 2005 improved upon Congress' original efforts in 1994 and 2000 and focused on: provisions that exclusively serve to protect immigrant victims of domestic violence but also include immigration protections to alleviate violence against immigrant women that previous legislation had tried, but failed to alleviate; prevention strategies to stop violence before it starts; protecting individuals from unfair eviction due to their status as victims of domestic violence or stalking; creating the first federal funding stream to support rape crisis centers; developing culturally-and linguistically-specific services for communities; enhancing programs and services for victims with disabilities; and broadening VAWA service provisions to include children and teenagers.

 

 

Medical Resources

 

45 C.F.R Parts 160 and 164 - HIPAA Privacy Rule Part II - Standards for Privacy of Indiviually Indentifiable Health Information; Final Rule 45 C.F.R Parts 160 and 164 - HIPAA Privacy Rule Part II - Standards for Privacy of Indiviually Indentifiable Health Information; Final Rule

 

This document represents the final version of the HIPAA Privacy Rule, which protects the confidentiality of patients’ healthcare information.

 

 

45 C.F.R Parts 160 and 164 - HIPAA Privacy Rule Part IV - Standards for Privacy of Indiviually Indentifiable Health Information; Final Rule 45 C.F.R Parts 160 and 164 - HIPAA Privacy Rule Part IV - Standards for Privacy of Indiviually Indentifiable Health Information; Final Rule

 

This document represents a publication in the Federal Register, pushing back the effective compliance dates for the HIPAA Privacy Rule.

 

 

Additional Resources

 

Bureau of Indian Affairs Letter - Tribal Law and Order Act of 2010 Bureau of Indian Affairs Letter - Tribal Law and Order Act of 2010

 

 

 

COPS Office Report to Congress as Required by the Tribal Law and Order Act COPS Office Report to Congress as Required by the Tribal Law and Order Act

 

This report, prepared by the Community Oriented Policing (COPS) initiative as a result of the requirements of the Tribal Law and Order Act, discusses the distribution of $400 million in federal grant money to tribal law enforcement programs.

 

 

Drug Facilitated Rape Drug Facilitated Rape

 

Drug-Facilitated Rape: This article, funded by the National Institute of Justice (NIJ), summarizes the phenomenon of drug facilitated rape as well as the prevalence, the prevention techniques, and the possible implications of drug facilitated rape for legal policy makers.

 

 

Indian Country Criminal Justice Indian Country Criminal Justice

 

This document, prepared by the United States Government Accountability Office, discusses how tribal courts would benefit from increased federal government cooperation.

 

 

Memorandum for United States Attorneys with Districts Containing Indian Country Memorandum for United States Attorneys with Districts Containing Indian Country

 

This January 11, 2010 memorandum lays out the Attorney General's Indian Country Law Enforcement Initiative.

 

 

The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004 The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004

 

This memorandum opinion, written by the United States Attorney General’s office, discusses the Crime Victim’s Rights Act.

 

 

Protocols

 

Documenting Domestic Violence: How Health Care Providers Can Help Victims, Research in Brief (September 2001) Documenting Domestic Violence: How Health Care Providers Can Help Victims, Research in Brief (September 2001)

 

This NIJ Research in Brief outlines how health care providers can improve the admissibility of evidence and strengthen the case of domestic violence victims by keeping well-documented medical records.

 

 

Legal Pleadings and Forms

 

Federal Register; Vol. 66, No. 40 - Request for Submissions Federal Register; Vol. 66, No. 40 - Request for Submissions

 

This document represents a publication in the Federal Register, requesting the submission of comments on a technical amendment to the final HIPAA Privacy Rule adopting standards for privacy of individually identifiable health information.

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy