Ohio Supreme Court rules state disclosure law supersedes HIPAA
HIPAA Weekly Advisor, March 27, 2006
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The Cincinnati Enquirer can obtain copies of lead-contamination notices issued to Cincinnati property owners, according to an opinion issued on March 17 by the Ohio Supreme Court.
The Cincinnati Health Department had denied The Enquirer's requests to obtain the information, citing HIPAA's privacy rule.
The Supreme Court ruled that the lead citations did not contain PHI, as they contained only oblique references to patients, such as, "This unit has been reported to our department as the residence of a child whose blood test indicates an elevated lead level."
The court also ruled that even if the citations contained PHI, the Health Department would have to disclose them to The Enquirer under the HIPAA's "required by law" disclosure provision. "Ohio's Public Records Law requires disclosure of these reports and HIPAA does not supersede state disclosure requirements," the justices wrote.
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