The court in Porcelli held that “consistent with Arons v. Jutkowitz (9 NY3d ), such information may be included directly on the HIPAA-compliant authorization . In the summer of , the Appellate Division, Second Department, explicitly approved the inclusion of warning language on Arons authorizations in Porcelli v. What May Plaintiff’s Attorney Do in Response to an Arons Interview Plaintiffs were required to provide HIPPA authorizations permitting the.

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Arons Authorizations: What They Can Say (in the Second Dept., anyway)

This was entirely proper. The Appellate Division subsequently granted defendants’ motion for leave to appeal, asking us whether its decision and order were properly made. The authorizations may not be combined with a subpoena and there must be a separate authorization for each interview.

The DOH authorizations contain NO warnings or information regarding the voluntary nature of the interview zuthorization the purpose of the interview. We mention this long-standing practice for several reasons.

In the appeals now before us, defendants forwarded to plaintiffs HIPAA- compliant authorizations permitting their treating physicians to discuss the medical condition at issue in the litigation with defense counsel. Upon learning about the interview, Siebert moved to disqualify Intuit’s attorneys from the case, enjoin them from using any information provided by the executive, and stay his deposition.

No. Arons v Jutkowitz

New York Methodist Hospital, Respondent, et al. First, the prohibition of interviews in lieu of article 31 discovery devices originated authorizatioj the trial court’s decision in Anker, a medical malpractice action handed down before — and at decided odds with our reasoning in — Dillenbeck, Hoenig, Niesig and Siebert.

Absent such legislative direction, we decline to limit the scope of such discovery here.


Stated another way, a covered entity, such as a physician, who releases a patient’s protected health information in a way permitted by the Privacy Rule does not violate HIPAA; authorizationn, neither the statute nor the Rule requires the physician to release this information 4.

Gudzy, for appellants Gael, et al.

Order reversed, with costs, motion to compel plaintiffs to provide the subject authorizations granted in accordance with the opinion herein and certified question answered in the negative. Siebert, a discount brokerage firm, commenced an action against Intuit for breach zrons contract and fiduciary duty.

Supreme Court granted the motion and directed plaintiff to furnish authorizations for arlns interviews, subject to conditions that he had worked out in earlier litigation where the same issue had arisen. The court in Porcelli approved warnings on the release authorizations provided to raons defense counsel that:. I believe that both of authorizxtion practices are improper. There is no doubt that the enactment of HIPAA uncovered a practice whereby physicians who may have at one time spoken informally with defense counsel are no longer able to do so without a signed HIPAA authorization.

Once the note of issue was filed, defendant physician and defendant hospital sought HIPAA-compliant authorizations for ex parte interviews with the gastroenterologist who treated plaintiff after her weight-loss operation, and the surgeon who operated autgorization her to reverse the procedure.

Second, it bears emphasizing that the filing of a note of issue denotes the completion of discovery, not the occasion to launch another phase of it. Flutra Limani, for authorizxtion Jutkowitz. We now turn our attention to this statute. The Privacy Rule also permits covered entities to use or disclose protected health information without authorization pursuant to a court or administrative order so long as only the protected health information covered by the order is disclosed 45 CFR Judge Pigott dissents in an opinion.


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Finally, the court remarked that after the filing of a note of issue, an order for additional pretrial discovery called for the requesting party to demonstrate “unusual or unanticipated circumstances,” citing 22 NYCRR While this litigation exception may appear to be tailored for those situations in which the protected health information is not being sought from a party to the proceedings, HHS has declared that “[t]he provisions in [section There are situations in which defense firms have altered medical authorizations to include the names of insurance carriers, thereby allowing insurance companies to obtain patient records.

Further, the Court commented that it was “obvious that the plaintiff’s personal interests in achieving a financial and a tactical advantage in the litigation [were] the real policies which would be advanced by acceptance of his argument” id. We believe that the execution of a valid authorization and the fact that the physician, under HIPAA, is permitted, but not required, to grant the interview will address these concerns in the future.

Yes, a book arrons Ben Glass, Esq. The Appellate Division, Second Department, reversed Supreme Court’s order for the reasons stated in Arons, and denied defendants’ motions “without authroization to making a motion in Supreme Court. Further, although HIPAA did not alter state law regarding these private interviews, it had created a “practical dilemma” for defense counsel seeking to conduct them because physicians refused to talk with them absent a HIPAA-compliant authorization or court order id.

The interview is voluntary.