Commissioner of Mental Health & Addiction Services v. Freedom of Information Co — concurring in part and dissenting…

Summary

The opinion concurs that the police report may be disclosed under FOIA in redacted form and that HIPAA does not independently bar disclosure, but dissents from the conclusion that the report falls outside the psychiatrist-patient privilege. It would treat the report as a record of communications relating to diagnosis or treatment because DMHAS police officers acted as part of the psychiatric treatment team and documented a mental health incident during treatment, while requiring redaction of the patient’s psychiatric diagnosis in addition to identifying information. Justice Keller, dissenting, would prohibit disclosure entirely because the reports are privileged identifying records and no consent or statutory exception permits release.