Prosecutors Can Examine Limbaugh Records

Yahoo/AP ^

[BCrago66]

By "fedral" I mean federal. Of course, many people pronounce it like the latter, e.g., "I ain't gonna violate the fed'ral law."

[PISANO]

I guess medical privacy only pertains to abortions

.....and AIDS!

[Destro]

http://www.privacyrights.org/fs/fs8-med.htm

How Private Is My Medical Information?

Many people consider information about their health to be highly sensitive, deserving of the strongest protection under the law. Long-standing laws in many states and the age-old tradition of doctor-patient privilege have been the mainstay of privacy protection for decades.

Now, the federal Health Insurance Portability and Accountability Act (HIPAA) sets a national standard for privacy of health information, effective April 14, 2003. But HIPAA only applies to medical records maintained by health care providers, health plans, and health clearinghouses – and only if the facility maintains and transmits records in electronic form. A great deal of health-related information exists outside of health care facilities and the files of health plans, and thus beyond the reach of HIPAA. (PRC Fact Sheet 8a, "HIPAA Basics," www.privacyrights.org/fs/fs8a-hipaa.htm)

The extent of privacy protection given to your medical information often depends on where the records are located and the purpose for which the information was compiled. The laws that cover privacy of medical information vary by situation. And, confidentiality is likely to be lost in return for insurance coverage, an employment opportunity, your application for a government benefit, or an investigation of health and safety at your work site. In short, you may have a false sense of security.

[Peach]

I wasn't being sarcastic but we have a few lawyers in the family and read and watch legal shows/books and medical records have always been off limits to the legal profession.

[BCrago66]

Here's the Florida Constitutional provision in question:

http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A01S23

"SECTION 23. Right of privacy.
--Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.

History.--Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998."

[FreeAtlanta]

This just doesn't seem right. Further proof that right to privacy is an illusion.

[Destro]

I wasn't being sarcastic or responding to you as if you were.

[Peach]

I know. Not myself this morning; trying to let muscle relaxant take effect before heading out for the day.

The entire issue just ticks me off. We're limited in our speech with regard to campaigns now, thanks to the Supreme Court, but our most personal information is now fodder for anyone who wishes to use it.

[Destro]

Correction: We're limited in our speech with regard to campaigns now, thanks to the Republican congress and the Republican President George Bush.

[Wolfie]

The War on Drugs knows no bounds. So it goes.

[Peach]

He shouldn't have signed it, that's for sure.

[Wolfie]

The federal government violated both the doctor and lawyer privacy rights in California 2-3 years ago. I never heard much outrage over it then. Why now?

Different ox, different goring, doncha know. ;)

[MississippiMan]

Witchhunt? Rush had his maid commit illegal acts for him - where's the witchhunt?

Go find another case of "doctor shopping" being prosecuted, especially one in which the patient has already admitted addiction and sought treatment. Or hey, try to find out if ANYONE has EVER been prosecuted for doctor shopping in Palm Beach.

MM

[pctech]

I assume this will be appealed???

[mict42]

And Howard Dean

[Captain Jack Aubrey]

In cases where law enforcement has probable cause to believe a crime has been committed concerning medical treatment, there is no "privacy right" in medicial records of the alleged wrong doer. Law enforcement can see the records on a subpeona, with court approval, or with a search warrant. Is there any question here that "doctor shopping" to obtain Schedule II drugs is a fraud and thus a crime? In Virginia, it is a felony.

[Alberta's Child]

Doctors will not talk to lawyers or cops because our medical history is confidential, as confidential as a confession to a priest.

Actually, medical privacy is largely a construction of our modern legal system, along with the so-called "Constitutional protections of confidentiality" that are afforded (in the minds of many) to the press.

[Captain Jack Aubrey]

This is the old "sure I was speeding, Judge, but so was everyone else" defense. It never works.

[snopercod]

Where was all this outrage when HIPAA passed?

That law specifically says that a doctor or hospital must release your medical records in response to an "administrative request" by a law-enforcement agency. No warrant required. A phone call by a secretary will suffice.

This thread, for instance, got only 6 comments. HIPAA and Individual Rights.

Here is my favorite post from the above thread:

"You have the facts all wrong. I am in the medical field and the new HIPAA laws allow the patients to have full control over what is transmitted to other doctors or agencies. You are, my friend, trying to stir up trouble where there is no trouble to be had. Trust me, you are more than protected with your privacy and there are no data bases on anyone."

What say you now, olliemb?

[1Old Pro]

They already know that the DA's office has a leaker and they know who it is. I wonder if the judge will force the press to identify the leaker when the next leaks begin. Oh I forgot, the press has a right to privacy but individuals do not.