Texas AG Appeals, Then Argues Both Sides in HIPAA Dispute

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Does state or federal law prevail in the handling of medical records? Last year, Texas Attorney General Greg Abbott issued an opinion saying that the state’s Public Information Act takes precedence over the federal Health Insurance Portability and Accountability Act (HIPAA). But the state’s Mental Health and Retardation Department declined a newspaper request for records, and a local court ruled in it’s favor. The AG’s office appealed, and now finds itself arguing both sides because it also represents the department. (5/26/05)