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PORCELLI v. NORTHERN WESTCHESTER HOSPITAL CENTER

65 A.D.3d 176 (2009)

882 N.Y.S.2d 130

TERESA PORCELLI et al., Respondents, v. NORTHERN WESTCHESTER HOSPITAL CENTER et al., Defendants, and MELISSA TSAI, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Vouté, Lohrfink, Magro & Collins, LLP, White Plains (Laura K. Silverstein of counsel), for appellant.

Bailly & McMillan, LLP, White Plains (Katharine G. Hall of counsel), for respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

OPINION OF THE COURT

McCARTHY, J.

On this appeal, we are presented with the principal question of whether a plaintiff may include, directly on the authorizations he or she provides to nonparty treating physicians in compliance with the Health Insurance Portability and Accountability Act of 1996 (42 USC § 1320d et seq.; hereinafter HIPAA), a statement that the purpose of an informal, ex parte interview sought by defense counsel is solely to assist...

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