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HOLMAN v. RASAK

Docket No. 137993. Calendar No. 5.

785 N.W.2d 98 (2010)

486 Mich. 429

Andrea L. HOLMAN, Personal Representative of the Estate of Linda Clippert, Deceased, Plaintiff-Appellant, v. Mark RASAK D.O., Defendant-Appellee.

Supreme Court of Michigan.

Decided July 13, 2010.

Attorney(s) appearing for the Case

Blum, Konheim, Elkin & Ceglarek (by Joseph L. Konheim and Kamron K. Lessani), Southfield, for plaintiff.

O'Connor, DeGrazia, Tamma & O'Connor, P.C. (by Julie McCann O'Connor, Bloomfield Hills, and Drew W. Broaddus, Farmington Hills), for defendant.

Donald M. Fulkerson, for amicus curiae the Michigan Association for Justice.

Siemion Huckabay, P.C. (by Raymond W. Morganti), for amicus curiae the Michigan Defense Trial Counsel, Inc.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree and Mark R. Fox), for amicus curiae ProAssurance Casualty Company and American Physicians Assurance Corporation.

Kitch Drutchas Wagner Valitutti & Sherbrook (by Beth A. Wittman and Susan Healy Zitterman) for amicus curiae the Michigan Health and Hospital Association.

Kerr, Russell and Weber, PLC (by Daniel J. Schute and Michael N. Pappas), for amicus curiae the Michigan State Medical Society.

Opinion

CORRIGAN, 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...

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