STATE JUDGE REJECTS CLAIM AGAINST CHP.(CAPITAL REGION)

Byline: MELISSA GRACE Staff writer

Albany Health care providers cannot be sued when an employee releases patients' confidential medical records if the worker is not acting within the scope of their duties, a judge ruled.

State Supreme Court Justice Joseph C. Teresi dismissed a lawsuit against Community Health Plan-Kaiser Corporation filed by a woman identified only as ``Jane Doe'' and who claimed that her medical records -- including information about her sexual orientation -- were divulged by a CHP clerk.

Because Christen Adey, the filing clerk, was not acting in furtherance of her work duties and because she was properly trained about …