SALAZAR v. 521-533 WEST 57TH ST. CONDOMINIUM

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Docket Number

No. 2010-05691.

Advocates

Sabatini Associates (Steve S. Efron, New York, N.Y., of counsel), for appellant. Alvin H. Broome Associates, P.C., New York, N.Y. (Matthew Tomkiel of counsel), for respondents.

Judges

Mark C. Dillon
Ruth C. Balkin
Sandra Sgroi

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Smart Summary

Factual and Procedural Background

The plaintiffs commenced this action seeking damages for personal injuries allegedly sustained by Jack Salazar in an accident involving an elevator maintained by the defendant Schindler Elevator Corporation. During discovery, Schindler moved to compel Salazar to provide HIPAA-compliant authorizations for the release of medical records related to his past treatment for seizures, mental health, and substance abuse conditions. The Supreme Court, Kings County, denied Schindler's motion. Schindler appealed this denial.

Legal Issues Presented

Whether the defendant Schindler Elevator Corporation was entitled to compel the plaintiff Jack Salazar to provide HIPAA-compliant authorizations for the release of medical records relating to his past treatment for seizures.
Whether the defendant was entitled to compel the release of records relating to Salazar's past mental health and substance abuse treatment.

Arguments of the Parties

Appellant's Arguments

Schindler argued that it was entitled to obtain HIPAA-compliant authorizations for the release of Salazar's medical records related to seizures, mental health, and substance abuse treatment, as these records were relevant to the injury claims.

Respondents' Arguments

The respondents contended that records relating to mental health and substance abuse treatment were privileged under CPLR 4504 and 4507 and not discoverable.
They also asserted that Salazar had withdrawn any claims related to mental health and substance abuse injuries, negating the relevance of those records.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Cruci v General Elec. Co., 33 AD3d 840	Privilege of mental health and substance abuse treatment records under CPLR	Supported the conclusion that such records were privileged and not discoverable.
Goldberg v Fenig, 300 AD2d 439	Protection of mental health records from disclosure	Reinforced the privilege shielding mental health and substance abuse records.
Carboni v New York Med. Coll., 290 AD2d 473	Confidentiality and privilege of substance abuse treatment records	Confirmed that substance abuse treatment records are privileged and not subject to discovery.
CPLR 3101(a); 4504	Discovery and waiver of privilege	Applied to find that seizure treatment records were relevant and that the plaintiff waived privilege regarding those records.

Court's Reasoning and Analysis

The court analyzed the discoverability of the plaintiff's medical records in light of the applicable statutes and precedents. It held that records concerning mental health and substance abuse treatment are privileged under CPLR 4504 and 4507 and are not subject to disclosure, especially since the plaintiff had withdrawn any claims related to those conditions. Conversely, the court found that records related to treatment for seizures were relevant to the injury claims and that the plaintiff had waived any privilege over those records. Therefore, Schindler was entitled to obtain HIPAA-compliant authorizations for the release of the seizure treatment records but not for the mental health or substance abuse records.

Holding and Implications

The court modified the Supreme Court's order by granting Schindler Elevator Corporation's motion to compel the plaintiff to provide HIPAA-compliant authorizations for the release of medical records relating to past treatment for seizures, while affirming the denial of the motion as to mental health and substance abuse records. The order was affirmed as modified, without costs or disbursements.

The direct effect of this decision is to permit discovery of seizure treatment records relevant to the plaintiff's injury claims, while maintaining the confidentiality of privileged mental health and substance abuse treatment records. The opinion does not establish new precedent beyond the application of existing CPLR provisions and case law.

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JACK SALAZAR et al., Respondents, v. 521-533 WEST 57TH STREET CONDOMINIUM et al., Defendants, and SCHINDLER ELEVATOR CORPORATION, Appellant.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying that branch of the motion which was to compel the plaintiff Jack Salazar to provide HIPAA-compliant (Pub L 104-191, 110 US Stat 1936) authorizations for the release of records relating to past treatment for seizures, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs commenced this action after the injured plaintiff, Jack Salazar, allegedly sustained injuries as the result of an accident in an elevator that was maintained by the defendant Schindler Elevator Corporation (hereinafter Schindler). During discovery, Schindler moved to compel Salazar to provide HIPAA-compliant authorizations for the release of records related to his past treatment for seizures and mental health and substance abuse conditions. The Supreme Court denied the motion. We modify.

Contrary to Schindler's contentions, the records relating to Salazar's mental health and substance abuse treatment were not discoverable inasmuch as they were privileged under CPLR 4504 and 4507, and Salazar withdrew any claims for injuries relating to those conditions ( see Cruci v General Elec. Co., 33 AD3d 840; Goldberg v Fenig, 300 AD2d 439; Carboni v New York Med. Coll., 290 AD2d 473). Schindler was, however, entitled to disclosure of the records relating to Salazar's treatment for seizures, inasmuch as the records are relevant and Salazar waived his privilege with respect to them ( see CPLR 3101 [a]; 4504).