Other courts have agreed. SeeStark v. Hartt Transp. Sys. , 937 F.Supp.2d 88, 91 (D. Me. 2013) (concluding that "the privilege shields information revealing the plaintiffs’ diagnoses and the nature of his treatment"); see alsoUnited States v. White , No. 2:12–cr–00221, 2013 WL 1404877, at *7 (S.D.W. Va. Apr. 5, 2013) (stating that "the Court cannot discern any rational basis for distinguishing between a diagnosis and the underlying communication for purposes of disclosure"), rev'd on other grounds , 609 F.App'x 126 (4th Cir. 2015). However, some federal courts have found that the identity of a patient and the dates of their treatment are not within the privilege.
Defendant cites no authority in support of this proposition, and the Court is unable to ascertain any. See Stark v. Hartt Transp. Sys., Inc., No. 2:12-cv-195-NT, 2013 WL 1314398, at *2-4 (D. Me. March 27, 2013) (concluding that Jaffee's privilege shields a patient's diagnoses from disclosure). Nevertheless, the Court cannot discern any rational basis for distinguishing between a diagnosis and the underlying communication for purposes of disclosure.