Ohio Supreme Court: State Access Laws Preempt HIPAA Restrictions

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Ohio’s Supreme Court, in a case involving a Cincinnati Enquirer’s request to review health department records, said state law trumps the federal Health Insurance Portability and Accountability Act (HIPAA) and that the federal privacy guidelines can’t be used to withhold records that are public under Ohio law. The Cincinnati Health Department denied the newspaper’s request for 10-years worth of lead-paint citations, claiming the addresses of homes cited for lead hazards violated personal privacy. “HIPAA does not supersede state disclosure requirements,” the court said. (3/20/06)