1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 17 N.Y.3d
  5. 17 N.Y.3d 37 (2011)
 

IN THE MATTER OF MIGUEL M.

No. 76

17 N.Y.3d 37 (2011)

In the Matter of MIGUEL M., Also Known as MIQUEL M., Appellant. CHARLES BARRON, M.D., Director of the Department of Psychiatry at Elmhurst Hospital Center, Respondent.

Court of Appeals of New York.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Second Judicial Department, Mineola ( Scott M. Wells , Sidney Hirschfeld , Dennis B. Feld and Lesley De Lia of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Tahirih M. Sadrieh and Edward F.X. Hart of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that the Privacy Rule adopted by the federal government pursuant to the Health Insurance Portability and Accountability Act (HIPAA) prohibits the disclosure of a patient's medical records to a state agency that requests them for use in a proceeding to compel the patient to accept mental health treatment, where the patient has neither authorized the disclosure nor received...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases