Medical Records

Favor v. Horne,
No. 10095/99 (N.Y. Civ. Ct. Nov. 6, 2003)

The Civil Court of New York City issued an opinion permitting the disclosure of medical records, by the courts, to opposing parties involved in lawsuits, provided that the party seeking to inspect the records has appropriately subpoenaed the records (by providing notice to the party who is the subject of the records and, if the patient refuses to authorize the release of the records, seeking court order for the disclosure). Previous to this opinion, the court had been requiring attorneys wishing to inspect medical records subpoenaed as part of a lawsuit, and being held by the court, to sign an affidavit and seek the opposing party's authorization to review the records. The court found that amendments to New York's law, which had been designed to comply with the Health Insurance Portability and Accountability Act, place the burden on health care providers forwarding medical records, and not the courts, to assure that the records are kept private.