The HIPAA does not pre-empt the informal discovery techniques approved in Stempler , and ex parte interviews of plaintiffs' treating physicians may proceed as permitted under that case subject to the court's discretion regarding the appropriateness of such interviews in particular cases; since the current medical disclosure authorizations fall below HIPAA requirements, the matter is referred to the Civil Practice Committee for its consideration of drafting HIPAA-compliant sample forms.
August 23, 2004 at 12:00 AM
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