HIPAA privacy featured in Louisiana case
HIPAA Weekly Advisor, January 16, 2006
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A Louisiana appeals court upheld a decision that tapes made of Louisiana Secretary of State Fox McKeithen's 911 call when he injured his neck and spine should not be disclosed to the media, The Associated Press reports.
The 2-1 decision cited privacy rights in Louisiana's constitution. Officials had based their argument for non-disclosure on McKeithen's privacy rights under HIPAA.
In February, McKeithen fell and injured his neck while at his home. He died in July after months of treatment for spinal cord injuries. A reporter sued to make the tapes public after state officials and emergency medical services staff refused to release them.
State District Judge Janice Clark ruled in April that McKeithen's state constitutionally guaranteed privacy rights supersede the public's right to hear the recordings, The Associated Press reports.
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