Posted on 04/28/2005 8:01:01 AM PDT by SoFloFreeper
TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court says it won't consider an appeal from conservative commentator Rush Limbaugh. Today's four-to-three order didn't explain the court's reasoning.
Limbaugh's attorney argues that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.
Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers.
Limbaugh hasn't been charged with any crime. He lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.
Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians.
(4) Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to:
(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
Have anything on-topic or just wasting bandwidth ?
Actually this is much more interesting to me then the OJ trial was.
Personal obsession.
Probably a corrupt narc.
Anything else about you we ought to know?
"Probably a corrupt narc.
Anything else about you we ought to know?"
Funny, I would assume that you would like corrupt narcs ...
anyone who thinks police do not lie has never seen a policeman in court.
"So... are you one?"
Nope, I'm the ghost of Jerry Garcia ....
"Yes. They are all scum."
Oh, how about all cops that aren't narcs ... how do you feel about them ?
Florida! It's worse than California! I feel for him, being beholden to Florida law! The state that killed Terri!
How can a state override HIPAA, I wonder.
What's wrong is America is no longer good.
The fact that we have killed 45,000,000 (yes, that's fourty-five million....more than double the number of innocents Hitler killed) in abortion, may have something to do with it.
Isn't our judiary lovely?
Mark is a very good friend of Rush. He is one of Rush's Attorneys. Regardless of this particular case, Rush does get legal advice and help from Mark.
To use the term "Wanna be" sounds like you are saying Mark is insinuating himself somewhere he doesn't belong! That is not true!
"How can a state override HIPAA, I wonder."
HIPPA allows for the use of search warrants to seize medical records. see post 208 above
Okay. Thanks.
Just for clarification, I believe they could only come into the medical facility and make copies but could not carry out the original record.
Well, I just posted the percentage of pencil pushing bureaucrat CHP Chiefs that retire on disability. Which makes is a statistical certainty that the vast majority of them are felony frauds.
So, let me ask you: What do YOU think of people like that, cops or not?
Indeed, why would anyone be surprised that semi-literate, unionized, corrupt, public sector employees are not all alike in their loathsomeness? Cops are just like public skool employees, only with bigger necks and guns.
You know I got to thinking, your line of reasoning is no different than the Hillary/Bill "vast Right Wing Conspiracy" crap we heard during impeachment. Someone screws up and blames that "sinister" forces are out to get them. Then we are supposed to suspend reality and blindly believe that they are right. Well sir, I will not.
Perhaps you are correct in stating that the prosecutor is motivated by politics, but...three levels of courts in Florida have allowed the look at the medical recored to proceed. That is some conspiracy "buddy".
I suggest that all of us use independent thought and not blindly follow people because of their political stripes. I have listened to Rush for a long time, but that doesnt mean he can do wrong, or become addicted to pills. The fact remains that if he didnt have the addiction, and didnt seek the pills this conversation would not be necessary.
IT's for your own socialist good that we cannot get help with doctors outside of government prescriptions (sarcasm off)
These people want to incarcerate us and choke us to death. They used Rush as a mean for liberal judges to go after him, hiding their evil incarceration agenda behind a political fuss and false front revenge against Rush.
We have so real sickos for prosecutors out there, and THAT IS WHY OUR RECORDS SHOULD BE SEALED.
In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
No, the statute clearly says "unless otherwise prohibited by law". A search warrant is allowed by law and actually requires a higher standard for issuance than a subpeona. I think the prosecutor is on very solid ground.
In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
No, the statute clearly says "unless otherwise prohibited by law".
Stop the tape! The statute is saying that disclosure of medical records may be made without consent upon issuance of a subpoena, unless otherwise prohibited by law, right?
A search warrant is allowed by law and actually requires a higher standard for issuance than a subpeona. I think the prosecutor is on very solid ground.
Stop the tape! That is true about warrants. However, where was it prohbited by law that a subpoena be obtained in this case?
IOW, 395 says get a subpoena when you obtain medical records without consent. Why would the prosecutor not be bound by this law?
"If he was hooked and illegally purchased prescription medication, he should just come out and say it. People will respect the fact that he has gotten over it. Better to rip the band-aid off in a single stroke."
He already admitted he had a problem and went through rehab for it. This isn't about drug use, per se. It could be any one of us having our medical files looked through against our wishes and against the law.
Rush has not been CHARGED with ANY crime. They went looking in his medical records to see if they COULD find something to charge him with. It could happen to you, too. Florida today, the other states tomorrow.
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