Holman v. RASAK
Michigan Supreme Court
1Opinion of the Court
*432Corrigan, J.
We granted leave to consider whether the Health Insurance Portability and Accountability Act (HIPAA), 42 USC 1320d et seq., permits ex parte interviews by defense counsel with treating physicians under a qualified protective order. We hold that ex parte interviews, which are permitted under Michigan law, are also consistent with HIPAA regulations, provided that “reasonable efforts have been made ... to secure a qualified protective order that meets the requirements of [45 CFR 164.512(e)(l)(v)].” 45 CFR 164.512(e)(l)(ii)(B). Accordingly, we affirm the judgment of the Court of…
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