Health Information Management

Court rules seizure of Limbaugh’s medical records lawful

HIPAA Weekly Advisor, October 18, 2004

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The Fourth District Court of Appeal in West Palm Beach, FL ruled that county prosecutors acted lawfully when they seized conservative radio show host Rush Limbaugh's medical records during an investigation into the illegal sales of prescription painkillers. They were looking for evidence of "doctor shopping," in which a patient uses prescriptions from more than one physician to obtain excessive, illegal amounts of painkillers.

Limbaugh and his attorneys disagree with the decision and claim that the seizure of medical records violates Limbaugh's privacy. "Mr. Limbaugh should not have to give up his right to privacy to prove his innocence," Miami criminal defense attorney Roy Black said after the ruling.

In the 2-1 decision, Chief Judge Gary Farmer wrote that the state's authority to seize medical records overrides a patient's right to privacy. Limbaugh plans to appeal the decision.



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