What is the current state of the law on disclosure of medical records under HIPPA?
California, United States of America
The following excerpt is from People v. Richmond, 2d Crim. No. B258109 (Cal. App. 2016):
The trial court treated HIPPA as an absolute bar to the disclosure of medical information. But HIPPA allows the release of medical information without the patient's consent pursuant to a court order. (See Snibbe v. Superior Court (2014) 224 Cal.App.4th 184, 197-198.) Nor is the psychotherapist-patient privilege embodied in the California Evidence Code ( 1014 et seq.) an absolute bar to the disclosure of information.
Instead, a criminal defendant's right to confront an adverse witness sometimes requires the witness to answer questions that call for privileged information. (Davis v. Alaska (1974) 415 U.S. 308, 320.)
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