Pubdate: Sun, 22 Feb 2004 Source: Florida Times-Union (FL) Copyright: 2004 The Florida Times-Union Contact: http://www.times-union.com/aboutus/letters_to_editor.html Website: http://www.times-union.com/ Details: http://www.mapinc.org/media/155 Author: Howard Simon Bookmark: http://www.mapinc.org/people/rush+limbaugh MEDICAL RECORDS: CASE WILL IMPACT RIGHT TO PRIVACY Conservative talk radio commentator Rush Limbaugh is appealing the seizure of his medical records by the state attorney of Palm Beach County. Some people may be surprised to learn that the American Civil Liberties Union has come to Limbaugh's defense. While the case involves Limbaugh's right to the privacy of his medical records, we need to look beyond his notoriety and defend the principles that protect everyone's privacy. This case will impact the security of medical records and the privacy of the doctor-patient relationship for every person in Florida. Under Florida law, a person's medical records cannot be disclosed except in accordance with a procedure adopted by the Florida Legislature that specifically addresses concerns about medical privacy. Although officers obtained a search warrant to seize Limbaugh's medical records, a warrant -- as opposed to a subpoena -- does not meet constitutional and statutory requirements necessary to protect privacy. A search warrant permits law enforcement officers access to all of a patient's records, not just those relevant to a law enforcement investigation. It provides no assurance that information about treatments or conditions unrelated to a criminal investigation will not be disclosed or misused by the state. When a subpoena is sought, a judge can order the physician to disclose only those portions of the medical records that are relevant or order that the records be turned over to the court for review and redaction if necessary. The court can issue protective orders over how the records are to be maintained and subject any improper disclosure to contempt. The court can also ensure that after the investigation records not made public are returned or destroyed. Law enforcement officers ignored state law --and Limbaugh's rights -- by seizing his medical records with a search warrant rather than by following mandated procedure to obtain a subpoena. Whether the state ultimately prevails in its efforts to obtain Limbaugh's medical records is less significant than whether the balance between a patient's right to privacy and the state's job to investigate crimes -- a balance required by the Florida Constitution and state law - - will be strengthened or weakened. Howard Simon Executive director, American Civil Liberties Union Florida, Miami - --- MAP posted-by: Larry Seguin