HIPAA Does Not Preempt Ex Parte Interviews; Defense Permitted to Depose Plaintiffs' Physicians

EAST BRUNSWICK, N.J. - The Superior Court judge presiding over the New Jersey PPA mass tort ruled that the Privacy Rule in the Health Insurance Portability and Accountability Act (HIPAA), which became effective April 14, does not preempt defendants from conducting ex parte interviews with plaintiffs' treating physicians. In re: PPA Litigation, Case Code 264 (N.J. Super. Ct., Middlesex Cty.).

In an opinion entered Sept. 23, Middlesex County Superior Court Judge Marianna Corodemus granted in part and denied in part the defendants' motion to conduct the informal interviews. The defendants were denied the opportunity to conduct the ex parte …