TEXAS AG SAYS NO TO HIPAA: Texas Attorney General Greg Abbott ruled
Friday that the state's public information law takes
precedence over a far-reaching federal medical privacy law, a legal
opinion he called the strongest in the nation.
His decision means Texas media outlets and individuals will have access
to public information that some hospitals and authorities have
declined to release under the Federal Health Insurance Portability and
Accountability Act, known as HIPAA.
"In Texas, government records are presumed open unless a specific
exception applies. HIPAA is not an exception to the rule of openness in
the state of Texas," Abbott told the board of directors of the Freedom
of Information Foundation of Texas at The Associated Press'
Dallas bureau, where he released his legal opinion.
HIPAA, a sweeping overhaul of the federal health care privacy laws that
took effect in April, has frustrated journalists and others who
have found most basic information hard to come by.
"What this means is, governmental bodies who've been using HIPAA as a
shield just lost that protection," Abbott said.
Abbott said Texas authorities worked closely on the language of the
ruling with the U.S. Department of Health and Human Services, which
created the privacy regulations under the law. Still, he said, he
wouldn't be surprised if the ruling were challenged in court.
http://www.dfw.com/mld/startelegram/news/state/7950211.htm
[FOI Advocate]
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