4. Infectious disease and health epidemics.

Information about an ongoing outbreak of an infectious disease at a public facility is not expressly exempt and strong public policies support disclosure of such information to inform the public, dissuade undue panic and allow the public to judge the agency’s response.  It can be anticipated that some concerns about whether disclosure will violate the Health Insurance Portability and Accountability Act (“HIPPA”) will be expressed, if not directly asserted to thwart disclosure.   HIPPA would only apply, however, if the facility fell within the definition of a “health care provider” and the disclosure was of “individually identifiable health information,” as those terms are defined under 42 USCA Section 1320(d); 45 CFR 160.103.  Even so, HIPPA expressly authorizes disclosure pursuant to other legal mandates, such as a state‘s public records act.  CFR § 164.512(a).