Legal Opinion
Porcelli v. Northern Westchester Hospital Center
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
McCarthy, J.
On this appeal, we are presented with the principal question of whether a plaintiff may include, directly on the authorizations he or she provides to nonparty treating physicians in compliance with the Health Insurance Portability and Accountability Act of 1996 (42 USC § 1320d et seq.; hereinafter HIPAA), a statement that the purpose of an informal, ex parte interview sought by defense counsel is solely to assist defense counsel at trial and that participation is voluntary. We find that, consistent with Arons v Jutkowitz (9 NY3d 393 [2007]), such information…
2Cases cited6 opinions
- Niesig v. Team INew York Court of Appeals · 1990
- Arons v. JutkowitzNew York Court of Appeals · 2007
- Muriel Siebert & Co. v. Intuit Inc.New York Court of Appeals · 2007
- Arons v. JutkowitzAppellate Division of the Supreme Court of the State of New York · 2006
- Kish v. GrahamAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by5 opinions
- Geffner v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Akalski v. CounsellNew York Supreme Court · 2010
- Muzio v. Anthony R. Napolitano, M.D., P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Caminiti v. Extel West 57th Street LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Sims v. ReyesAppellate Division of the Supreme Court of the State of New York · 2021