exceptions swallow rule
(i) medical authorization: 509 (e2) & 509f (blanket authorizations not good enough anymore)
1. writing
2. signed by patient (if can’t for some reason can be signed by parent/guardian of the minor) or if some party other than patient like GAL or something
3. info covered by release (e.g. dates)
4. reasons and purposes for release
5. person(s) to whom info may be released
6. can be withdrawn
(ii) proceedings to collect on a claim for serivces (e3)
(iii) patient litigant exception (biggest exception) (e1)
1. patient sues dr (for malpractice, license revocation or whenever disclosure relevant to claims or defense of a physician) (just by suing for mental anguish you don’t put your mental health in issue)
2. very imp. Tex. case, noted in commentary; RK v. Ramirez
a. exception applies when: RK
i. the records sought to be discovered are relevant to the condition at issues and
ii. the condition is relied upon as a part of a party’s claim or defense (relevant medical records)
b. do a benefit v. burden anaylsis
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