New York

The New York Court of Appeals' decision in Arons v. Jutkowitz and Kish v. Graham raised quite a stir.  In Arons and Kish, the Court held that opposing counsel may conduct an ex parte interview of the adversary's treating physician post-note of issue where that party puts his or her medical condition at issue (see prior post and comments).

Litigants are now required to provide their adversary with HIPAA compliant authorizations that permit the interview.

The Chief Administrative Judge, by order dated February 27, 2008, promulgated an official form to be used as the litigant's authorization to allow the treating physician to submit to an ex parte interview. The authorization is addressed to the physician. You can obtain this form here.