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We wish to make clear, however, that she was still bound by her physician-patient privilege with Mrs.
Thus, like the physician-patient privilege, the Privacy Rule is not
Congress did not intend to create a federal physician-patient privilege in enacting HIPAA.
At the forefront of evidentiary privileges, New York codified a physician-patient privilege in 1828 when it declared that a physician may not "disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for [such patient].
While the proposed FRE 504 created a psychotherapist-patient privilege, it contained "no provision for a general physician-patient privilege.
The cases concerned the narrow issue of whether, under Washington state law in a medical negligence action, a current treating physician violates the physician-patient privilege when that physician testifies on behalf of a defendant physician on the standard of care.
1] As a legal matter, however, the physician-patient privilege has been recognized by the courts only where it has been enacted into law by statute or court rule.
The Regians alleged that these protections were necessary to safeguard information in the possession of her nonparty treating physicians that was not relevant to the lawsuit and, therefore, was protected by the physician-patient privilege.
The list of privileges did not include a psychotherapist-patient privilege, and specifically rejected the more general physician-patient privilege.
LEGAL COMMENTARY: The court noted that the plaintiff filed a medical waiver and consent pursuant to which he agreed to waive any physician-patient privilege and authorize any health care provider to furnish to the Division of Workers' Compensation any and all information reasonably related to his work-related injury and any treatment arising as a result of the injury.
HHC invoked the physician-patient privilege and refused to turn over emergency room triage logs potentially responsive to these subpoenas.
11) Ohio was first instrumental in developing this area of law when the physician-patient privilege was initially recognized.

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