Grand Jury Subpoena Duces Tecum v. Kuriansky

OPINION OF THE COURT

Chief Judge Wachtler.

The physician-patient privilege originated in this State. It did not exist at common law and the first statute to recognize the privilege was adopted by the New York Legislature in *2371828. This case tests that privilege against a Grand Jury subpoena.

Petitioners, two psychiatrists, have moved to quash subpoenas requiring them to produce records before a Grand Jury investigating complaints of Medicaid fraud. Their primary contentions are that compliance with the subpoenas will violate their Fifth Amendment rights, as well as the physician-patient…