The Free Speech Coalition said that the AIDS Healthcare Foundation has issued subpoenas to talent testing facilities for performer medical information.
“This is of grave concern for us as we always hold performer privacy as an important right and protection,” the FSC said in a release. “It is critical that you let the testing facilities know that you do not want your medical information given over to AHF.”
The FSC recommends that talent send communication to Cutting Edge Testing and Talent Testing Services demanding that the facilities not hand over any information.
Talent is asked use the following draft template:
August 20, 2015
Dear Talent Testing Service or Cutting Edge Testing,
I understand that Michael Weinstein as a party to the Measure B Litigation and AIDS Healthcare Foundation (Case Number 13-CV-00190-ddP-AGR) have issued a Subpoena to Produce Documents which include the medical information of patients identified as adult film performers or those associated with adult films.
As a patient of your clinic, I strongly object to the sharing or disclosure of any of my records, medical information, medical records, and personal identifying information. I hereby revoke any prior HIPAA waivers or permission granted to your clinic with regard to the above referenced subpoena.
Do not under any circumstances, even if redacted, provide any of the subpoenaed documents! I am asserting the protections provided by HIPAA, the Federal Constitution, the California Constitution, the California Health and Safety Code, and all other applicable State and Federal Statutes. You will be subject to monetary damages, attorney’s fees and costs if you do not comply with my request.