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COMMONWEALTH v. KOBRIN

395 Mass. 284 (1985)

479 N.E.2d 674

COMMONWEALTH vs. KENNARD C. KOBRIN.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1985.

Attorney(s) appearing for the Case

Robert A. Griffith for Kennard C. Kobrin.

Jonathan Brant (Marjorie Heins with him) for the interveners.

Michelle A. Kaczynski, Assistant Attorney General (Kenneth Bowden, Assistant Attorney General, with her) for the Commonwealth.

Joel I. Klein & Richard G. Taranto, for Massachusetts Psychiatric Society, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

ABRAMS, J.

Dr. Kobrin, a practicing psychiatrist, was adjudged in contempt in the Superior Court for refusing to submit complete medical records to a grand jury investigating allegations of Medicaid fraud. Dr. Kobrin claimed that, on the basis of the psychotherapist-patient privilege, G.L.c. 233, § 20B (1984 ed.), he was not permitted to disclose those portions of the subpoenaed medical records which concerned communications...

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