"But this case is different.  It is one thing to allow the use of 
evidence resulting from an improper disclosure of information in 
medical records to prove that a patient has committed a crime; it is 
another to use the records themselves, or their contents, in a 
proceeding to subject to unwanted medical treatment a patient who is 
not accused of any wrongdoing.  Using the records in that way
directly impairs, without adequate justification, the interest 
protected by HIPAA and the Privacy Rule: the interest in keeping 
one's own medical condition private.  We therefore hold that
medical records obtained in violation of HIPAA or the Privacy Rule, 
and the information contained in those records, are not admissible in 
a proceeding to compel AOT."

http://www.nycourts.gov/ctapps/Decisions/2011/May11/76opn11.pdf

www.peoplewho.org