Naked City
Abbott vs. HIPAA Hysteria
By Jordan Smith, Fri., Feb. 20, 2004
Since taking effect last year, HIPAA's privacy restrictions have caused headaches for journalists among others seeking information about accident and crime victims as well as suspects. Abbott's decision was prompted by an opinion request submitted by state Sen. Robert Duncan, R-Lubbock, after that city's attorney ruled that the city's police were forbidden under federal law to reveal any identifiable information about any suspect or victim. (Most cities, of course, including Austin, make such information available on a daily basis.) In his opinion, Abbott made clear not only that HIPAA does not apply to police, but that the law does not, in and of itself, make any information confidential under state law. Each request for public information from a Texas agency, Abbott wrote, must be evaluated on its own merit and through the lens of the Texas PIA.
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