Limbaugh: Keep my records private

CNN ^ | December 16, 2003 | Susan Candiotti and Rich Phillips

[mcg1969]

Embattled radio talk show host Rush Limbaugh is asking a Palm Beach County, Florida, court to keep his medical records sealed from prosecutors investigating whether he illegally purchased prescription painkillers.

The records were seized from two of his doctors' offices last month. The search warrants itemizing what was seized was filed in court December 4.

Two more search warrants were obtained but not executed, two law enforcement sources said.

Limbaugh's move came as prosecutors were getting ready to file a motion of their own to examine the records, as required by Florida law, prosecutors said.

[VRWCmember]

Sounds like a HIPPA violation to me.

[rface]

(continued)...

Limbaugh has admitted an addiction to prescription painkillers that he says he is trying to break. He went off the air for five weeks in October to enter a drug treatment program. In his court pleading Tuesday, Limbaugh's lawyers argued that Limbaugh's doctor/patient confidentiality should be protected. "No citizen would wish these highly personal details to be held by minions of the state to finger through at their leisure. Nor would any sane person wish his medical diagnosis and medical prescriptions to be widely published on television shows, tabloid newspapers, Web sites and the like," Limbaugh's court motion states. Limbaugh's court pleading says he has "already suffered the indignity of watching a list of his doctors and medications dramatically leafed through on air by television reporters." The talk show host's attorneys have asked for a court hearing within three days. His attorneys wrote the court they want to prevent investigators and the public from looking at the records. According to court documents and prosecutors, a money-laundering task force is looking into whether Limbaugh went "doctor shopping" to obtain prescriptions to satisfy his addiction to painkillers. Doctor shopping -- getting several doctors to write prescriptions for the same medicine in the same time period -- is a felony under Florida law. Law enforcement sources say investigators also are examining Limbaugh's bank withdrawals to see if he was hiding possible illegal payments for drugs his housekeeper alleges she illegally sold Limbaugh. In court documents, investigators say Limbaugh obtained about 2,000 pills over five months, sometimes getting multiple prescriptions less than a month apart. Limbaugh has insisted he has done nothing illegal and is not part of any drug ring. Spokesman Mike Edmundson of the Palm Beach County state attorney's office said he has no comment on Limbaugh's motion. Edmundson referred to an earlier statement by State Attorney Barry Krischer in which he said Limbaugh is still under investigation, adding "Limbaugh is presumed innocent at this time."

[Sunshine Sister]

What's that?

[cynicom]

A person of lesser public stature and resources would not have a chance. Welcome to the REAL world Rush.

[mcg1969]

Thanks, I wasn't sure under what conditions I could post the full article, as this is my first post.

[concerned about politics]

Medical records are suppose to be private. We still haven't seen Clintons.

[mhking]

Please post entire article when not covered by known exclusions:

---

MIAMI, Florida (CNN) -- Embattled radio talk show host Rush Limbaugh is asking a Palm Beach County, Florida, court to keep his medical records sealed from prosecutors investigating whether he illegally purchased prescription painkillers.

The records were seized from two of his doctors' offices last month. The search warrants itemizing what was seized was filed in court December 4.

Two more search warrants were obtained but not executed, two law enforcement sources said.

Limbaugh's move came as prosecutors were getting ready to file a motion of their own to examine the records, as required by Florida law, prosecutors said.

Limbaugh has admitted an addiction to prescription painkillers that he says he is trying to break.

He went off the air for five weeks in October to enter a drug treatment program.

In his court pleading Tuesday, Limbaugh's lawyers argued that Limbaugh's doctor/patient confidentiality should be protected.

"No citizen would wish these highly personal details to be held by minions of the state to finger through at their leisure. Nor would any sane person wish his medical diagnosis and medical prescriptions to be widely published on television shows, tabloid newspapers, Web sites and the like," Limbaugh's court motion states.

Limbaugh's court pleading says he has "already suffered the indignity of watching a list of his doctors and medications dramatically leafed through on air by television reporters."

The talk show host's attorneys have asked for a court hearing within three days.

His attorneys wrote the court they want to prevent investigators and the public from looking at the records.

According to court documents and prosecutors, a money-laundering task force is looking into whether Limbaugh went "doctor shopping" to obtain prescriptions to satisfy his addiction to painkillers. Doctor shopping -- getting several doctors to write prescriptions for the same medicine in the same time period -- is a felony under Florida law.

Law enforcement sources say investigators also are examining Limbaugh's bank withdrawals to see if he was hiding possible illegal payments for drugs his housekeeper alleges she illegally sold Limbaugh.

In court documents, investigators say Limbaugh obtained about 2,000 pills over five months, sometimes getting multiple prescriptions less than a month apart.

Limbaugh has insisted he has done nothing illegal and is not part of any drug ring.

Spokesman Mike Edmundson of the Palm Beach County state attorney's office said he has no comment on Limbaugh's motion.

Edmundson referred to an earlier statement by State Attorney Barry Krischer in which he said Limbaugh is still under investigation, adding "Limbaugh is presumed innocent at this time."

[concerned about politics]

I wonder what's in Coward Deans records. Maybe Hillarys health Care records, because we paid for those.

[steve50]

The doctor/lawyer privilege to privacy was taken out in California shortly after Ashcroft was apponited when the DEA raided both doctors and lawyers offices for records. I didn't hear Rush making any complaints then. To raise his voice now seems a little late and self centered to me.

[duckman]

"Embattled radio talk show host...."

Embattled???

[rface]

I thought my response would "auto-format" - but I was wrong. Sorry there's no paragraph breaks....good thing its not a long article.

[EveningStar]

ping

[lelio]

Sounds like a HIPPA violation to me.

Are hospitals bound by HIPPA when dealing with government agencies?

[longtermmemmory]

"""According to court documents and prosecutors, a money-laundering task force is looking into whether Limbaugh went "doctor shopping" to obtain prescriptions to satisfy his addiction to painkillers.""""

It is very telling that the money-laundering task force is going after this information not the drug enforcement task force. They are attempting to set up a dealer case.


It is telling about the significance of this story in that it was filed in Miami, this is two counties away from palm beach. At least 90 miles away.

If they were serious, the story would have been filed in palm beach county where the story occured.

It can also be Rush protecting himself from voluntary disclosure:

""""

Title VII
EVIDENCE Chapter 90
EVIDENCE CODE View Entire Chapter

90.507 Waiver of privilege by voluntary disclosure.--A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication.

History.--s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 13, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 480, ch. 95-147.

""""


OR it could be part of setting up a civil case and rush protecting against it:


""""Title VII
EVIDENCE Chapter 90
EVIDENCE CODE View Entire Chapter

90.510 Privileged communication necessary to adverse party.--In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate. In making its determination, the court may engage in an in camera inquiry into the privilege.

History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

""""


Florida does have a privacy clause in the FL constitution. It has been used in abortion matters. (even the recent John Doe potential fatherS need to be noticed by advertisement case used it.)

"""
Title VII
EVIDENCE Chapter 90
EVIDENCE CODE View Entire Chapter

90.501 Privileges recognized only as provided.--Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or of the State of Florida, no person in a legal proceeding has a privilege to:

(1) Refuse to be a witness.

(2) Refuse to disclose any matter.

(3) Refuse to produce any object or writing.

(4) Prevent another from being a witness, from disclosing any matter, or from producing any object or writing.

History.--s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 9, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

""""


BTW seeking medical treatment is an exception to the Heresay rule. There is a presumption of candor when seeking medical attention.

[longtermmemmory]

anybody know the name of the Judge who will hear this?

[monkeywrench]

And when they come for your records, I hope you don't complain, as you're not complaining now. By, then, it will be seen as far too late, and a little self serving. :)

[WackyKat]

When the subject is an ordinary person, the drug warriors always say' "If he hasn't done anything wrong, what's he got to hide'?

It's funny they don't display this attitude when Rush is involved.

[Montfort]

"BTW seeking medical treatment is an exception to the Heresay rule. There is a presumption of candor when seeking medical attention."

What's "Heresay"? Is that a cross between "hearsay" and "heresy"?

[longtermmemmory]

This case is unique in that the Palm Beach state attorney has retained outside assistance for financial investigations. There is no certainty whether this will be a civil or a criminal case.

This is a prudent move on rush's part because at least he is trying to stem the private records becoming public. Given the political nature of the State attorney's office it would be better to have them subject to a court order.

BTW: I thought the last snide "at present" comment about innocent until proven guilty was a load.