Legal Opinion
Arons v. Jutkowitz
New York Court of Appeals
Decided November 27, 2007PublishedCited by 101 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
These appeals call upon us to decide whether an attorney may interview an adverse party’s treating physician privately *402when the adverse party has affirmatively placed his or her medical condition in controversy. We conclude that an attorney may do so, although the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub L 104-191, 110 US Stat 1936 [1996] [codified as amended in scattered sections of titles 18, 26, 29 and 42 of the United States Code]) through its Privacy Rule (45 CFR parts 160, 164) imposes procedural prerequisites unique to the…
2Cases cited22 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Niesig v. Team INew York Court of Appeals · 1990
- Hoenig v. WestphalNew York Court of Appeals · 1981
- Anker v. BrodnitzNew York Supreme Court · 1979
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3Cited by101 opinions
- Forman v. HenkinCourt for the Trial of Impeachments and Correction of Errors · 2018
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- In Re CollinsTexas Supreme Court · 2009
- Caldwell v. ChauvinKentucky Supreme Court · 2015
- Holman v. RASAKMichigan Supreme Court · 2010
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