The trial court's authority to issue a protective order to ensure compliance with HIPAA.

In Szpak v Inyang, __ Mich App __ (#292625, 11/23/2010) the Court of Appeals held that in conjunction with a defendant’s request to ex-parte interview plaintiff’s treating physicians under HIPAA, it is an abuse of discretion for the trial court to require that plaintiff’s counsel receive notice of, and an opportunity to attend, ex parte interviews by defense counsel with plaintiff's treating physicians.  The trial court's authority to issue a protective order to ensure compliance with HIPAA is controlled by MCR 2.302(C).  The imposition of conditions unrelated to compliance with HIPAA, or any related privacy concerns is not permissible in the absence of evidence to support a reasonable concern for intimidation, harassment, and the like.