Legal Opinion
In re Miguel M.
New York Court of Appeals
Decided May 10, 2011PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that the Privacy Rule adopted by the federal government pursuant to the Health Insurance Portability and Accountability Act (HIPAA) prohibits the disclosure of a patient’s medical records to a state agency that requests them for use in a proceeding to compel the patient to accept mental health treatment, where the patient has neither authorized the disclosure nor received notice of the agency’s request for the records.
I
Dr. Charles Barron, as designee of the New York City Department of Health and Mental Hygiene, applied for an order under Mental Hygiene Law…
2Cases cited5 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- People v. GreeneNew York Court of Appeals · 2007
- State v. StraehlerCourt of Appeals of Wisconsin · 2007
- State v. YenzerCourt of Appeals of Kansas · 2008
- In re BarronNew York Supreme Court · 2007
3Cited by14 opinions
- State v. Enrique T.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of State of New York v. Dennis K.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Brown v. SimonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MadridAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Getting the Word Out, Inc. v. New York State Olympic Regional Dev. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
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