Manuel Arons v. Robert Jutkowitz…

Summary

The New York Court of Appeals held that, once a plaintiff has placed his or her medical condition in issue, an attorney may conduct an ex parte interview of the adverse party's treating physician provided a valid HIPAA‑compliant authorization (or court order) is obtained, and that the additional conditions imposed by the Appellate Division requiring the defense counsel to turn over interview notes were improper. The Court also concluded that HIPAA does not preempt New York law on this issue. Justice Pigott dissented, arguing that the majority’s holding exceeds the authority of Article 31 and should await legislative action.