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atutes §39.201. - 8 - EFTA00728208 Case 9:08-cv-80119-KAM Document 57 Entered on FLSD Docket 03/02/2009 Page 9 of 16 a criminal prosecution. Carson v. Jackson, 466 So.2d 1188, 1190 (Fla. 4th DCA 1985) (analyzing predecessor statute, §415.512, Fla. Stat.). Defendant also asserts HIPAA, the Healt
and §90.503, Fla.Evd. Code. In addition, such information is protected by the provision of the Health Insurance Portability and Accountability Act (HIPAA)." C. Grounds for Objection and Reasons for Motion The substantive basis for Defendant's objection is a claim of privilege under state law, Flori
s not apply "in a case of child abuse under Florida Statute §39.204." See endnote 2 for full text of §39.204, Fla. Stat.2 (¶'s Motion, p. 8-9). See Carson v. Jackson, 466 So.2d 1188, 1192 (Fla. 4th DCA 1985); and Doherty v. John Doe No. 22, 957 So.2d 1267 (4th DCA 2007). A reading of these cases establ
d §90.503, FIa.Evid. Code. In addition, such information is protected by the provisions of the Health Insurance Portability and Accountability Act (HIPAA). Federal Rule of Evidence 401 provides that - "'Relevant evidence'" means evidence having any tendency to make the existence of any fact that is o
atutes §39.201. - 8 - EFTA00222509 Case 9:08-cv-80119-KAM Document 57 Entered on FLSD Docket 03/02/2009 Page 9 of 16 a criminal prosecution. Carson v. Jackson, 466 So.2d 1188, 1190 (Fla. 4th DCA 1985) (analyzing predecessor statute, §415.512, Fla. Stat.). Defendant also asserts HIPAA, the Healt
and §90.503, Fla.Evd. Code. In addition, such information is protected by the provision of the Health Insurance Portability and Accountability Act (HIPAA)." C. Grounds for Objection and Reasons for Motion The substantive basis for Defendant's objection is a claim of privilege under state law, Flori
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