Court of Appeals of New York

In a case in which the New York State Commission of Correction issued a subpoena duces tecum to a hospital to produce its records respecting its care and treatment of a inmate in the custody of the City of New York who later died, the quashing of the subpoena is reversed, where: 1) an exception to physician-patient privilege was necessary to accommodate the legislature's express provisions detailing the Commission's responsibilities and powers, particularly with respect to investigating inmate deaths through its Medical Review Board; and 2) the Health Insurance Portability and Accountability Act privacy rule did not prohibit disclosure of the sought records.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Barbara D. Underwood, Sharyn Rootenberg