HIPAA and ex parte interviews--the beginning of the end?

For many legal counsel, ex parte interviews with a treating physician have served as a time-honored method of informal discovery. In particular, litigators have used ex parte interviews with a former or current physician to obtain personal health information about a party or witness. Both before and after the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, privacy concerns developed regarding ex parte interviews. Has HIPAA's Privacy Rule initiated the beginning of the end for informally obtaining health information? This article examines ex parte interviews before the HIPAA Privacy Rule; how courts have addressed ex parte interviews after the Privacy Rule; conflicting issues physicians face in deciding whether to participate in ex parte interviews; and options for legal counsel to consider.