Previous Politech message: http://www.politechbot.com/p-04964.html --- Date: Wed, 16 Jul 2003 18:18:24 -0400 From: Robert Gellman <rgellmanat_private> To: declanat_private Subject: Re: FC: HIPAA medical privacy rule hinders reporting of Chicago disaster I want to respond to the article that you circulated complaining about the effect of the HIPAA rule on the press. First, HIPAA allows for the public disclosure of some patient information if the patient has not objected. If a hospital chooses to have a more restrictive policy, that is its business. Yell at the hospital if you like. It's not a HIPAA issue. Second, Illinois has for some years had a law on the books that prohibits health care providers from "from disclosing the nature or details of services provided to patients." 410 Ill. Comp. Stat. Ann. 50/3. HIPAA did not change this state law. Third, the disclosure of personal medical information may be actionable. A prudent hospital may have decided not to risk a private lawsuit in today's privacy-sensitive environment. That has nothing to do with HIPAA, which does not provide a private right of action. Fourth, I am tired of hearing reporters complain because they can't get a handout of information. Whatever happened to being a real reporter and collecting information for yourself? HIPAA doesn't apply to the press and doesn't restrict what the press can report. In this context, HIPAA mostly applies to health care providers, who were always supposed to protect patient confidentiality. Many others had information about the Chicago victims, including witnesses, neighbors, relatives, police, and the victims themselves. HIPAA did not restrict what any of these people could say. Lazy reporters blame HIPAA for their own inadequacies. Fifth, the disclosure of private medical information has nothing to do with access to government records, where the public and the press have a legitimate interest in much information. The First Amendment gives the press great ability to publish, but it provides few rights to access to government information and no rights of access to private information. Just because someone is a victim of an accident doesn't mean that the details of their lives, including home address and age, should be given to reporters. If you think otherwise, consider what information reporters for supermarket tabloids would seek about hospitalized movie stars, politicians, and other public figures. Bob -- + + + + + + + + + + + + + + + + + + + + + + + + Robert Gellman + + Privacy and Information Policy Consultant + + 419 Fifth Street SE + + Washington, DC 20003 + + 202-543-7923 <rgellmanat_private> + + + + + + + + + + + + + + + + + + + + + + + + ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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