A recent New Jersey civil procedure rule amendment now requires that plaintiffs serve HIPAA authorizations along with their answers to interrogatories. Pursuant to R. 4:17-4, a plaintiff seeking damages for personal injuries shall serve contemporaneously with his or her answers to interrogatories, an executed form authorizing disclosure to the opposing party or parties, for purposes of litigation, of the plaintiff’s medical records pursuant to HIPAA, as to each health care provider named in his or her answers to interrogatories excluding non-treating expert witnesses.
This rule change is not well known, although it became effective September 1, 2014. Plaintiffs’ attorneys are not providing these authorizations as required because they are apparently unaware of this rule change. We recommend including a reminder at the inception of the case when an answer is filed or supplemental interrogatories are served.
This rule change does not require HIPAA authorizations to be provided for the plaintiff’s pharmacy, family doctor (unless that family doctor is named as a treating physician), or any providers that provided treatment for prior or subsequent accidents. Defense counsel will continue to be required to prepare these other HIPAA authorizations if they wish to obtain these records.
