Texas law overrides HIPAA, court says.

• Position: PRIVACY - Health Insurance Portability and Accountability Act

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In a controversial decision, a Texas appeals court ruled June 16 that state public information laws supersede federal health information privacy laws. The ruling means state health authorities cannot use the Health Insurance Portability and Accountability Act (HIPAA) to withhold information covered by public information laws.

The case that prompted the ruling involved a request by the Austin American-Statesman newspaper for information from state Mental Health and Mental Retardation (MHMR) officials, according to the Associated Press. MHMR refused the request for assault statistics at its facilities because it said federal law (HIPAA) does not allow it to disclose patient information.

The newspaper argued HIPAA hampered its pursuit of information that was previously accessible under Texas' public information law. The Texas Public Information Act presumes government information to be open unless a specific exemption applies.

The Third Court of Appeals upheld a 2004 opinion by Texas Attorney General Greg Abbott that said...