New York Court of Appeals
Manuel Arons v. Robert Jutkowitz…
November 27, 20079 N.Y.3d 393
Summary
The Court held that, once a plaintiff has placed his or her medical condition in issue, defense counsel may conduct private (ex parte) interviews of the plaintiff’s treating physicians provided a HIPAA‑compliant authorization is obtained. HIPAA does not preempt New York law, and the appellate division’s limitation to CPLR Article 31 discovery devices was rejected. Accordingly the Court reversed the appellate division orders and granted defendants’ motions to compel the authorizations.