HIPAA prohibits disclosure of protected medical information, except under certain circumstances. One circumstance is in the course of a judicial proceeding in response to a court order, subpoena, discovery request "or other lawful process." The Georgia Supreme Court has ruled in Moreland v. Austin, No. A08G0498 (November 3, 2008), that informal interviews by a defendant's attorneys of the plaintiff's prior treating physicians violated HIPAA. HIPAA requires, the court explained, defendant's attorney to first obtain a valid authorization, or a protective order, or ensure that the patient has been given notice and an opportunity to object to the ex parte contact.
