[Med-privacy] Re: [Politech] Texas atty general sides with open government over privacy [priv]

[Jeff Williams]

Declan and all,

  The subject line of this post does not accurately reflect the actual
statements in the article.  Medical privacy [HIPAA] is strongly supported
by the vast majority of my fellow Texans.

  I would say that the subject line is very misleading an therefore
inaccurate as well a borne of media folks not getting personal
and private information when and how they want it.  Well too bad
for them.


Declan McCullagh wrote:

> -------- Original Message --------
> Subject: Texas Atty Genl "rejects" strong federal medical-privacy law
> Date: Sun, 29 Feb 2004 16:03:47 -0800
> From: Jim Warren <jwarren@well.com>
> To: Dave Farber:;, Declan McCullagh <declan@well.com>
> References: <40424C37.2D1643AF@comcast.net>
>
> An interesting clash between (1) open-government vs.
> personal-privacy, and (2) state's rights vs. federal authority.  --jim
>
> At 12:34 PM -0800 2/29/04, pmarshall <pwm@comcast.net> posted to
> med-privacy@venice.essential.org:
>
> >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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> >Med-privacy@lists.essential.org
> >http://lists.essential.org/mailman/listinfo/med-privacy
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
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