AKRON -- In two motions filed late Wednesday afternoon, former Cuyahoga County Commissioner Jimmy Dimora opposes having his health insurance information released by the FBI to federal prosecutors to turn over to the U.S. Marshals Service and he also wants the FBI to return his insurance cards.
"While the government claims that releasing the information does not violate HIPAA, 42 U.S.C. § 1320, or this court's protective order, the government provides no legal or factual basis for these claims....Further, the government's possession of the information, pursuant to a search warrant, does not allow the information to be released."
Related story: Feds want FBI to provide Dimora's insurance information
The cards and insurance information were taken during an FBI search of Dimora's home and office on July 28, 2008.
His attorneys say the search warrant was issued to allow law enforcement to gather information in their investigation, and later prosecution, regarding Dimora and that process is now complete.
Dimora, 56, was convicted on 33 of 34 counts on March 9 and immediately taken into custody by the U.S. Marshals and has been confined to the Ohio Correctional Center in Youngstown.
For now he is scheduled to be sentenced on July 25.
On May 4, he fell and spent three days in St. Elizabeth Hospital. The prosecutors' request reads "According to the Marshal Service, Dimora refused to provide his health insurance information. The Marshal Service was subsequently billed for the medical services provided."
"While the United States is confident that the disclosure of such health insurance information from the FBI to the United States Marshal Service does not violate either HIPPA, 42 U.S.C. § 1320 or the protective order, in an abundance of caution, the United States seeks this Court's authorization to release Dimora's health insurance information to the United States Marshal."
Dimora has medical insurance as a result of his many years as mayor of Bedford Heights.
His attorneys say his insurance cards and forms should be returned to him by the FBI immediately.