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Texas appeals court: State right-to-know laws override HIPAA

By The Associated Press

AUSTIN, Texas — State public-information laws override federal health-care privacy laws, a Texas appeals court ruled on June 16 in a case being eyed by public-information advocates across the country.

The case stems from complaints that the federal Health Insurance Portability and Accountability Act, also known as HIPAA, hampered journalists' pursuit of information that had previously been accessible under the state's public-information law.

Some reporters, as well as police investigators, around the country have been stymied by hospitals under HIPAA.

Police and fire departments and hospitals in some cases were using the law — which prohibits disclosure of individually identifiable health information — to withhold information on crime and accident victims. Some even refused to disclose whether someone was injured and how.

In Texas, a case developed after a request by the Austin American-Statesman for information from state Mental Health and Mental Retardation officials. The agency refused the newspaper's request for assault statistics at MHMR facilities.

The Third Court of Appeals on June 16 upheld a 2004 opinion by Texas Attorney General Greg Abbott, declaring that information already deemed public under state laws would remain that way. The ruling is Abbott v. Texas Department of Mental Health and Mental Retardation.

Abbott's opinion, among the first in the country on the matter, challenged the conclusion of a district judge who ruled that such information was not subject to disclosure under the federal law.

"We are pleased the court ruled to uphold the open records laws of Texas, and at the same time, comply with requirements to protect medical privacy of individuals," said Abbott spokesman Tom Kelley. "This opinion gives important guidance to every Texas governmental body that is faced with a public-information request for medical information where HIPAA applies."

Advocates had been concerned that an appeals court ruling against Abbott could close off information if authorities feared they would be violating the law.

Abbott's ruling "helps bring some focus and sanity to a law that, though well intentioned, created as many problems as it was supposed to solve," said Timothy M. Kelly, vice president of the Freedom of Information Foundation of Texas.

"The issue wasn't privacy, it was common sense and public safety."

Texas A.G.: State law overrides federal medical privacy act
Opinion arises out of dispute between Lubbock Avalanche-Journal, local officials over information about traffic fatalities and murders. 02.16.04


Privacy law frustrates a daughter — and journalists

Schizophrenic mom missing; 'you call the hospital looking for a loved one, and they tell you they can't tell you whether she's there' out of fear of violating HIPAA. 03.16.06

Ohio high court: State law trumps federal medical-privacy rules
Justices order Cincinnati Health Department to give Enquirer records on lead-paint hazards, saying federal agency clearly stated its intent that HIPAA would not override state law. 03.20.06

HIPAA bars release of hospital burial records, Neb. judge rules
Lawyer for historical society, which sued seeking identities of 957 people buried in former state psychiatric facility's cemetery, says he will appeal decision. 02.18.08

HIPAA & newsgathering

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