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Having to report back to the company, but no one wanted to pay the fine. and to your point, fred, there's nothing in here that would say that fine does not grow over the years if you -- >> correct. and that's the scary part. >> right. it's the slope that you don't know where this is ending up. >> slippery slope. lawyers hate slippery slopes. jenna: we're going to start screening you guys before we start doing these interviews, i want all of your vitals. [laughter] >> that's it. this is my last time on fox. thanks for having me. [laughter] jenna: thanks for playing. >> thanks. jon: good old fre...

It. jenna: i'm sure our viewers have questions about that, because our doctors can't release this info. jenna: the hipaa privacy rules does not prevent a supervisor, hr worker or others for asking for information about an pro's health -- employee's health. be they need it to administer wellness programs or health insurance. so, fred, outrageous slippery slope, but is it perfectly legal for the employer to do this? >> well, that's the question. and now you're about to find out why my friends get mad at me, they don't understand, i'm going to defend cvs a little bit. if they never go to the doct...

That the psychologist says is why the accused cannot remember everything that happened the night she says she slashed and shot her boyfriend. the defense team sought yesterday to try to help samuels clear up his testimony. listen. >> is it illegal to have intercourse with somebody without their consent? >> absolutely. >> all right. and with regard to this particular test that you were conducting with miss arias is it important to you what she thinks? >> that's most important. jon: let's talk about it with fred t icc e, former federal prosecutor. esther panich is a criminal defense attorney. yo...

I'm not going to ask it, fred, but is it legal? is it league for a company to ask their employee for access to information like your height and weight and your glucose levels? is that legal? >> well, you know something? the answer to your question is, yes. met me say this. jenna, when i first heard about this, i completely popped off because this really, really bothered me. but when i started to look at it, i could spin this in this way. if all cvs is doing is saying to its employees, look, you have to take this test -- which is what they've said -- you have to provide this information to your...

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