Court of Appeals of New York

In a commitment proceeding under Mental Hygiene Law section 9.60, judgment of the appeals court is reversed where the Privacy Rule adopted by the federal government pursuant to the Health Insurance Portability and Accountability Act 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 notice of the agency's request for the records.

Appellate Information

• Decided 05/10/2011
• Published 05/10/2011

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Scott M. Wells, Tahirih M. Sadrieh