Newsgathering in Light of HIPAA

15 Pages Posted: 9 Aug 2012

Date Written: February 1, 2007

Abstract

This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in HIPAA regulations for understanding the interaction between HIPAA and the federal Freedom of Information Act. State courts and agencies should therefore use the provisions in state FOI laws that regard medical privacy to inform decisions about information requests from citizens and the media.

Keywords: privacy, health information, freedom of information, HIPAA, newsgathering

Suggested Citation

Boni-Saenz, Alexander Antonio, Newsgathering in Light of HIPAA (February 1, 2007). Harvard Law Review, Vol. 120, No. 4, p. 1055, 2007, Available at SSRN: https://ssrn.com/abstract=2126825

Alexander Antonio Boni-Saenz (Contact Author)

Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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