What is the test for finding that a regulation restricting access to certain types of medical records is unlawful?

MultiRegion, United States of America

The following excerpt is from National Center for Immigrants' Rights, Inc. v. I.N.S., 913 F.2d 1350 (9th Cir. 1990):

8 Because we hold the regulation unauthorized on statutory grounds, we do not reach the question of whether the regulation violates due process. Jean v. Nelson, 472 U.S. 846, 854-55, 105 S.Ct. 2992, 2996-97, 86 L.Ed.2d 664 (1985).

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