[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."

[cynicom]

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

[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.

[duckman]

"Embattled radio talk show host...."

Embattled???

[EveningStar]

ping

[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.

[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.

[RS]

"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. "

Strange - One would think that showing the cops your prescriptions would CLEAR you of any criminal wrong-doing...

[thesummerwind]

His 'complete' medical records would not unlikely illustrate that his drug abuse caused his deafness. Sad......but possibly true.

[InvisibleChurch]

except for the xxxlintons, everyone's files ought to be closed

[joesbucks]

I thought in his going away speech he indicated that

HE WOULD CO-OPERATE FULLY WITH LAW ENFORCEMENT OFFICIALS.

As Rush would say......HMMMMMMM??

[MinuteGal]

Rush-haters everywhere are already setting up the MO if Rush is found not guilty or if the case is thrown out of court, i.e. "He got off because of all his money".

The fact that he was really not guilty will matter not a whit to the ditzo-heads.

Leni

[Central Scrutiniser]

I seem to remember Rush railing against Clinton for not releasing his records. But, as all the WOD folk are fond to say "well, if you have nothing to hide, then you shouldn't worry"

I don't care if they get released or not, but Rush is learning a bit about the real world outside his limosene...

[E.G.C.]

Here are my thoughts on the subject.

This story may or may not be a little bit different from what's going on but here in Oklahoma where I sit, we have an attorney general who is a Democrat and political opportunist.

So, if the state's attorney in Florida who is a Democrat can seize the medical records of an outspoken political adversary, can the same thing happen in my state? I think it can.

About a year and a half ago, I was diagonsed with Perdontitis which is a receding of the gums.(All of my medical history has been dental although I did have a checkup at the local medical clinic in my city.)

So the dentist sent me down to an oral surgery clinic to have my two wisdom teeth removed on the bottom.

After looking at the x-rays, the oral surgeon determined that this wasn't going to be a simple as he thought and decided that I needed to take some medications before he could perform the surgery.

The medicines prescribed to me were: Cleocin, Predisone (which is a steroid) and lorcet which was a voluntary pill. I took the full two weeks worth of dosage of all those pills along with a mouthwash called Peridex.

A few weeks later I had the surgery to remove my wisdom teeth. It was successful and it was painless. They did of course put me to sleep before performing the procedure. I can tell you that if it weren't for those painkillers, I would have been in pain from the tooth extractions for a long time.

It's awfully easy to go and make fun of and play politics when you've never been through the kind of stuff that people like me have been before, but until you've been through this, you don't know what it's like.

I'm just as much of an out spoken critc of the Democrats and their tax and spend liberal policies as Rush is so the question is can the attorney general in my state go after my medical records and trump up charges against me? I think he could if he wanted to if he didn't like the things I stood for. I would urge all those conservatives living in state with Democrats as attorney generals to think about this and decide if this is the kind of person you want enforcing the law in your own jurisdiction. I know I wouldn't.
Regards.

[hosepipe]

Lunch with Roy Black and Rush would be a gas..

Roy's, Checkmate !... must be causeing tight sphinctors in the DA's office..

[MonroeDNA]

Ed Asner said they are going after Rush first, then Hannity. My guess is FR is next, after that.

The communists know the value of control of the media.

[leprechaun9]

If Nakita Dean can seal his records, then why shouldn't everyone have that same right?