Good evening all,

Involved in a case where plaintiff doctor is alleging breach of contract and the poaching of patients by defendant doctor. At issue is the disclosure of non-party patient records to show treatment by defendant doctor. HIPAA prevents such disclosure absent authorizations from these various patients.

Plaintiff is now moving pursuant to CPLR 3103 and 45 CFR 164.512(e) for a HIPAA-Qualified Protective Order to disclose the non-party patient records in this judicial proceeding without patient authorizations. 

If anyone has opposition to similar motions, or can direct me to applicable case law on NYSCEF/Westlaw, I would greatly appreciate your help.

Thanks in advance to all who answer!
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Alexander Berger, Esq.

GINSBURG & MISK, LLP

215-48 Jamaica Avenue

Queens Village, New York 11428

(718) 468-0500 - Phone

(718) 468-0592 - Fax

ABerger@GMLawyers.net - Email

www.gmlawyers.net  - Website

 


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