| September 2004 | |
Federal agency clarifies HIPAANon-covered entities must release recordsThe U.S. Department of Health and Human Services has issued a clarification of the interaction of the Health Insurance Portability and Accountability Act (HIPAA) and state public records laws. The National Newspaper Association, Newspaper Association of America and other groups worked to get the clarification to help newspapers interpret HIPAA’s privacy regulations. The agency’s new explanation of HIPAA and public records laws is posted on the Web site www.hhs.gov/ocr/hipaa as an answer to the frequently asked question feature. Newspaper industry representatives met with agency officials in June 2003 to voice concerns over numerous misunderstandings by police and fire departments across America about their obligations to release information under public records laws since HIPAA’s privacy regulations went into effect in spring 2003. The new FAQ states: • An agency that is not a covered entity (i.e., one that submits insurance claims electronically) holding protected health information has no obligations under the HIPAA Privacy Rule. • An agency that is a covered entity (such as an emergency rescue service that is reimbursed by insurance payments filed electronically) must release information under state public records laws when the state law requires the release. In this instance, the state law trumps HIPAA. • An agency that is a covered entity that is permitted to release protected health information, but is not required to do so, would be required to follow the HIPAA privacy rule. For example, if a state law permits withholding of medical records where disclosure would constitute a clearly unwarranted invasion of personal privacy, the privacy rule would govern. “We continue to be concerned that the privacy rule will hamper identification of victims in accidents and disasters, and that it will keep good citizens working within health care institutions from disclosing problems, out of fear of HIPAA’s heavy penalties,” NNA’s public policy director Tonda F. Rush said. The Health and Human Services clarification comes on the heels of a committee report by the U.S. House Appropriations Committee on July 14 urging the agency to provide written guidance on how health care professionals and emergency personnel can work with the media in a way that allows for the reporting of news and information to local communities. Reps. Kay Granger (R-Texas), David Obey (D-Wis.) and Jesse Jackson Jr. (D-Ill.) sponsored the language.
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