Miguel M. v. Barron (Summary)

HIPAA

Miguel M. v. Barron, 2011 N.Y. Slip Op. 03886 (N.Y. May 10, 2011)

The Court of Appeals of New York reversed a judgment ordering a mentally ill man to receive Assisted Outpatient Treatment (“AOT”), based on a finding that the records of the man’s mental illness were improperly disclosed to the state department of health, in violation of the federal HIPAA privacy regulations and, thus, should not be allowed into evidence during the course of court proceedings to force mental health services upon the man. The court rejected the department of health’s arguments that the disclosures could fall into the public health or treatment exceptions under HIPAA, which permit disclosure without the patient’s authorization. The court noted that treating one man’s mental illness is not consistent with the public health exception, which was designed to address widespread health issues, such as epidemics. The court also held that the treatment exception did not apply because the purpose of that exception is to facilitate the sharing of information among health care providers, not to foster government attempts to force treatment on mentally ill patients.