Legal Question in Criminal Law in Florida

I was in a raid on my pain management clinic in Tampa Fl in which local law enforcement swarmed in and detained every individual that was there and ultimately asked a series of questions from a 6 or 7 page preprinted questionaire regarding the office, the doctor, the prescriptions and care given; about people buying or selling medication, authenicity of paperwork we supplied and if we thought we were addicited to our medication. At the end we had to sign the form as well as a RELEASE OF ALL MEDICAL RECORDS OF ANY TYPE AND WAIVE OUR HIPPA RIGHTS. When I asked the officer about the waiver of rights he stated it didn't really matter because they were confiscating all the patient files anyway and were investigating the doctor. If there is questionable or fraudulent paperwork in the files and we refused to sign the release, would we still have the same level of exposure, for lack of a better term, to the long arm of the law? At the end of that form it stated we could revoke that waiver of rights in writting at any time and would not cover any records inspected before the revocation. SHOULD I SEND A WRITTEN LETTER REVOKING MY WAIVER OF RIGHTS if I do have something to hide or would that bring more attention to my file that will be inspected anyway,(if he wasn;t lying to me)? Thank you for your help on this unsetteling matter. PJ Lozano


Asked on 8/17/11, 12:32 am

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

Mr. Lozano,

I recommend that you rescind your waiver in writting and immediately fax it over to the agency which was responsible for the raid. You have no reason to voluntarily provide information that may be incirminating and certainly don't have any obligation to cooperate with their investigation where it may very well lead to your prosecution.

I'm available later this afternoon for a telephonic conference should you need more clarification on this issue.

Regards,

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Answered on 8/17/11, 11:13 am


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