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! *---------------------------------------------------------* *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 <ABerger@GMLawyers.net>* - Email www.gmlawyers.net - Website *CONFIDENTIALITY NOTICE: The information contained in this message and any attachments is confidential and may be information protected by psychotherapist-patient, medical provider-patient, attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual or individuals named above. If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email and delete the message from your system.*