Wading River, NY asked in Real Estate Law and Animal / Dog Law for New York

Q: Is a Board of Managers allowed to release medical records on file for an ESA to all residents in a Condo Assn?

The condo board requires a letter from a medical professional, which is being requested by non board members to know why someone would have an ESA

2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: The answer largely depends upon how the Board came into possession of the information. Unfortunately, HIPPA does not apply in all circumstances. See the following and the cited website for more info on who HIPPA applies to.

Who is Covered by the Privacy Rule

The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”). For help in determining whether you are covered, use CMS's decision tool.

https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

1 user found this answer helpful

Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • New York, NY
  • Licensed in New York

A: If the condo has rules against pets and you are seeking an exception for your ESA then it is appropriate for them to ask for a letter establishing your need for an ESA. If you give them the letter, they should keep it confidential and you can tell them that. If you’re concerned they will release it nonetheless, it may be necessary to have an attorney involved to advise them what legal remedies you may have for the unauthorized release. Of course, ESAs are generally utilized by individuals with anxiety, depression and other emotional disorders. So, residents will probably figure out you have some type of issue.

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