Commissioner of Mental Health & Addiction Services v. Freedom of Information Commission — dissenting

Summary

The dissent argues that hospital police reports documenting a patient's mental-health incident are protected under the psychiatrist-patient privilege because they contain privileged communications, records of such communications, and identifying information. It would hold that the reports are not subject to disclosure under FOIA because no consent or statutory exception permitted release, and it rejects disclosure based on redaction or HIPAA. Chief Justice Robinson, concurring in part and dissenting in part, would instead require disclosure with additional redaction of the patient's psychiatric diagnosis.