In re Barron

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David Elliot, J.

The issue presented to this court is whether the confidentiality provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) prevent a director of community services from obtaining a patient’s medical records pursuant to the procedures set forth in Mental Hygiene Law § 9.60 for use at a Kendra’s Law hearing to determine whether assisted outpatient treatment (AOT) should be authorized.

On October 19, 2007 petitioner, the director of the Department of Psychiatry at Elmhurst Hospital Center, commenced this proceeding pursuant to Mental…