Arons v. Jutkowitz (Summary)

HIPAA

Arons v. Jutkowitz, 2007 N.Y. Slip Op. 09309 (N.Y. Nov. 27, 2007)

The Court of Appeals of New York (New York’s highest court) held that the Health InsurancePortability and Accountability Act (HIPAA) privacy regulations do not prohibit attorneys from having ex parte communications with treating physicians during the course of litigation, provided the patient has waived the patient-physician privilege by putting his or her health condition into controversy. In this case, the estate of a patient brought a malpractice and wrongful death action against several physicians and two hospitals. The defendants’ lawyers sought to interview the patient’s treating physicians, but the estate refused to authorize the physicians to speak with the lawyers. The lower court directed the estate to sign a HIPAA-compliant authorization permitting the treating physicians to speak with the defendants’ lawyers. The Court of Appeals upheld the lower court’s order.