HIPAA

Steele v. Clifton Springs Hosp. and Clinic, No. 2000/9813 (N.Y. App. Div. Jan. 21, 2005)

After a malpractice suit was filed against a hospital, among others, the defendants requested that the plaintiff execute Health Insurance Portability and Accountability Act (HIPAA) compliant medical authorizations in order to be able to contact the plaintiff's subsequent treating physicians to determine if their testimony at trial was necessary. The plaintiff refused, arguing that these types of ex parte discussions with the plaintiff's treating physicians were prohibited, and the defendants requested that the Supreme Court of New York order the plaintiff to provide the authorizations.

The court held that HIPAA is not a barrier to the order sought by the defendants and that, under certain conditions, a covered entity may disclose protected health information in the course of any judicial or administrative proceeding. The court noted that it is debatable as to whether private discussions with the treating physicians constitute a judicial or administrative proceeding which would allow the interviews to take place without the authorizations, but in order to foster truth seeking, fundamental fairness, and a level playing field, the plaintiff should not be allowed to refuse to provide the authorizations. Thus, the court granted the defendants' request, with certain conditions attached.