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MOSS v. STATE

No. 2005-CC-1963.

925 So.2d 1185 (2006)

Julia S. MOSS, Individually and on Behalf of her Deceased Husband, Michael Moss, Caitrin H. Moss and Sean M. Moss v. STATE of Louisiana and State of Louisiana through the Department of Transportation and Development, et al.

Supreme Court of Louisiana.

April 4, 2006.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, Shows, Cali & Berthelot, E. Wade Shows, Carlos A. Romanach, Ronnie J. Berthelot, Special Assistant Attorneys General, for applicant.

Johnson, Stiltner & Rahman, Travis R. LeBleu, Baton Rouge, Thomas Law Firm, Richard S. Thomas, for respondent.

Billy Smith, in proper person.

WEIMER, Justice.

In this case the State of Louisiana through the Department of Transportation and Development ("DOTD") seeks access to a deceased non-party's medical records pursuant to the provisions of LSA-R.S. 13:3715.1. We granted certiorari to review the court of appeal's determination that the release of medical records can never be "proper" within the meaning of LSA-R.S. 13:3715.1(B)(5) if, after a contradictory hearing, it is determined that a health care...

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