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Michael J. Hutter Michael J. Hutter

New Yorkers generally enjoy a privacy right, embodied in the physician-patient privilege set forth in CPLR 4504(a), preventing disclosure of their sensitive medical information. This privilege provides that, “[u]nless the patient waives the privilege, a person authorized to practice medicine, registered professional nursing, licensed practical nursing, dentistry, podiatry or chiropractic shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity.” Supplementing this right against disclosure is the federal Health Insurance Portability and Accountability Act (HIPAA), which bars disclosure of a person’s medical information except in specified circumstances or with the person’s authorization, as recognized by the Court of Appeals in Arons v. Jutkowitz, 9 N.Y.3d 393, 413-14 (2007).

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