Sacramento sheriff claims Kaiser Permanente interfered in shooting investigation that left teen wounded
Cooper posted on X his frustrations and said Kaiser blocked them from getting the video of the car that dropped a 14-year-old boy off at the hospital.
"Who took him there? What kind of car were they in? Why didn't they stick around?" asked Sergeant Amar Gandhi, a spokesperson with the Sacramento County Sheriff's Office.
Gandhi said that Kaiser asked them for a warrant, which was never needed in the past.
Gandhi confirmed that deputies did view the video the night of the shooting, but they were not allowed to record it, take it or book it. He said it was virtually useless to them.
Criminal defense attorney Mike Wise, who is not affiliated with this case, said Kaiser cooperated and did not interfere with the investigation.
"We were surprised to see the social media post this morning from Sacramento Sheriff Jim Cooper," Kaiser said in a statement. "We have had a long, positive relationship with the sheriff and his office and have nothing but respect for the work they do."
In Cooper's post, the sheriff also criticized Kaiser's new policy: a law enforcement visitation form that requires law enforcement to justify speaking with someone.
"I have never seen that before in 30 years of criminal law as both a prosecutor and defense attorney," said Wise.
Wise believes Kaiser's directors are trying to protect themselves from negligent release of information.
The sheriff's office believes Kaiser is trying to protect patients from United States Immigration and Customs Enforcement, but local law enforcement does not deal with immigration enforcement.
"We are committed to complying with the law, cooperating with law enforcement, maintaining safe places for care, and protecting patient privacy," Kaiser's statement went on to say.
Gandhi said they are concerned the forms could tip off abusers that police are after them.
"I am telling you right now, if you are a bad guy and you've abused a kid, we are going to come get you," said Gandhi. "We are not going to let a form stand in our way."
In California, it is mandatory for medical staff to report and cooperate with law enforcement when dealing with victims of sexual assault and minors who are victims of abuse -- even if the victim does not want to talk or the suspect is there.
CBS Sacramento asked Kaiser why it created the law enforcement visitation form. It did not have an answer, but Jan Emerson-Shea, a spokesperson with the California Hospital Association, provided a statement.
"California hospitals are required under both state and federal laws to protect the privacy of patients," Shea said. "California state law mandates a greater level of patient privacy protections than HIPAA. Under the California Penal Code (Sections 1543-1545), hospitals are prohibited from giving patient information to law enforcement agencies without a court order, search warrant, or the patient's written permission."
Gandhi said the sheriff's office met with Kaiser on Thursday afternoon and had a meaningful conversation. The sheriff's office is looking forward to working together to find a solution.
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