FC: HIPAA medical privacy rule hinders reporting of Chicago disaster

From: Declan McCullagh (declanat_private)
Date: Wed Jul 16 2003 - 13:05:27 PDT

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    http://www.editorandpublisher.com/editorandpublisher/headlines/article_disp 
    lay.jsp?vnu_content_id=1933765
    
    JULY 16, 2003
    New Medical Privacy Rule Is Bad Medicine for Press
    Chicago Porch Collapse Illustrates Problems
    
    By Mark Fitzgerald
    
    CHICAGO -- Opinion
    
    Local journalists are adding their own post-mortem to the lawsuits and 
    finger-pointing following the June 29 porch collapse at a Chicago apartment 
    building in which 13 young adults were killed: A new federal medical 
    privacy rule has undermined their ability to cover accidents by forbidding 
    the disclosure of patient information that hospitals had released routinely.
    
    The porch collapse was the first major accident story since the Health 
    Insurance Portability and Accountability Act (HIPAA) became law on April 
    14. In this real-life test in Chicago, the rule proved every bit the 
    hindrance to coverage that journalists had feared.
    
    Chicago's experience with this one accident underscores the problems 
    newspaper editors everywhere will face sooner or later. HIPAA, which was 
    intended to give patients greater control over the release of their medical 
    records, has wasted no time in become a nightmare for the press, says Ian 
    Marquand, the Montana TV investigative reporter who unsuccessfully lobbied 
    the federal government on behalf of the Society of Professional Journalists 
    (SPJ) to include some reporting exceptions for news organizations. "Pretty 
    much everything we said about HIPAA in the beginning and during the 
    rule-making has come to pass," Marquand says.
    
    Hospitals in particular are scared to death of violating HIPAA, with good 
    reason: Leaking health records -- even information as innocuous as patient 
    name and condition -- is punishable by a fine of $250,000 and 10 years in 
    jail. "The penalties are so severe that nobody wants to be that first 
    case," Marquand says.
    
    Certainly none of the Chicago hospitals were willing to risk releasing 
    information. Though 57 partygoers were injured in the porch collapse, 
    Chicago readers learned the names of almost none of them because reporters 
    were unable to identify anyone treated at area hospitals, unless those 
    victims sought out the papers.
    
    ...
    
    
    
    
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