FINANCIAL PERIL STILL EXISTS FOR AIM HEALTHCARE

FOR IMMEDIATE RELEASE

FINANCIAL PERIL STILL EXISTS FOR AIM HEALTHCARE

SUPERIOR COURT QUASHES CAL-OSHA'S ATTEMPT TO SUBPOENA CONFIDENTIAL AIM MEDICAL RECORDS

AIM's Financial Woes From Litigation Costs Remain a Threat to Organization's Continued Operation

On October 15, 2009, California Superior Court Judge Winifred Y. Smith granted a preliminary injunction blocking efforts by Cal-OSHA to force The Adult Industry Medical Healthcare Foundation to supply the safety agency with privileged information regarding an adult video performer who tested positive for HIV at one of AIM's clinics in June 2009.

Concluding sixteen pages of closely-reasoned argument backed by statutory restraints and existing case law, Judge Smith enjoined Cal-OSHA from pursuing access by legal process to AIM's records regarding this case in crisp, clear, unambiguous language:

"Defendants California Department of Industrial Relations, Division of Occupational Safety and Health, Lee Welsh, and their agents and employees, are restrained from compelling or seeking to compel the disclosure of confidential medical records, HlV test information, and personal identifying information of Plaintiff and other patients of AIM without the specific written authorization of such patients; and 2. Defendant Adult Industry Medical Health Care Foundation is restrained from disclosing confidential medical records, HlV test information."

Judge Smith further held that: "Because CalOSHA appears to have acted beyond its jurisdiction in subpoenaing this information, and because obtaining the information would impermissibly infringe upon Plaintiffs and other patients' Constitutional privacy rights, Defendant's argument that an injunction cannot be granted, pursuant to CCP 526(b)(4), to prevent execution of a public statute by a public entity for the benefit of the public fails."

This stinging juridical rebuke after weeks of pre-trial maneuvering by Cal-OSHA, including unannounced inspection of AIM's Sherman Oaks clinic, the theft of patient release forms from the clinic's waiting room, and heated courtroom theatrics from Cal-OSHA counsel Amy Martin, slams the door on the agency's attempt to dragoon AIM into its witch-hunt against adult video producers by overriding state and federal protections of doctor-patient privilege through the use of Cal-OSHA's highly limited and employment-specific subpoena powers.