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IN THE MATTER OF BARRON

18 Misc.3d 696 (2007)

852 N.Y.S.2d 696

In the Matter of CHARLES BARRON, M.D., as Director of the Department of Psychiatry at Elmhurst Hospital, Petitioner, for an Order Authorizing Assisted Outpatient Treatment for M.M., Respondent.

Supreme Court, Queens County.

December 14, 2007.

Attorney(s) appearing for the Case

Mental Health Legal Service (Lawrence Newman of counsel), for respondent.

Doreen Williams for petitioner.

OPINION OF THE COURT

DAVID ELLIOT, J.

The issue presented to this court is whether the confidentiality provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) prevent a director of community services from obtaining a patient's medical records pursuant to the procedures set forth in Mental Hygiene Law § 9.60 for use at a Kendra's Law hearing to determine whether assisted...

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