Newspapers sue for release of 9-1-1 tapes
HIPAA Weekly Advisor, March 21, 2005
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Louisiana's Gannett newspapers and the Louisiana Press Association Wednesday sued the East Baton Rouge Parish Department of Emergency Medical Services for access to 9-1-1 tapes of an incident involving Secretary of State Fox McKeithen, according to the Associated Press (AP).
The parish attorney's office refused to release the tapes, citing that to do so would violate HIPAA and claiming that the tapes contain PHI to which the public is not privy.
The newspapers contend that because 9-1-1 services are publicly funded through taxpayer money, the tapes fall under Louisiana's public records law and that the public has a right to hear the tapes, reported the AP.
"Since there has been no precedent set anywhere in the nation, we think that it is important to clarify for everyone what is public," said Daily World Managing Editor Lisa Faust. "Not being able to tell readers how their government is working keeps us from being able to exercise our very important watchdog role."
Secretary of State McKeithen fell in his home on February 17. He was paralyzed from the neck down. Doctors are still trying to determine whether the paralysis is temporary or permanent.
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