State Law Overrules HIPAA on Medical Records

(Dallas, Texas) The Texas Attorney General Greg Abbott has ruled that state public information laws take precedence over the Federal Health Insurance Portability and Accountability Act, known as HIPAA. According to Abbott,

"In Texas, government records are presumed open unless specific exceptions apply. HIPAA is not an exception to the rule of openness in the state of Texas."

The ruling will allow access to certain medical records and basic information, such as patient admissions and conditions, that were being withheld due to HIPAA. It's anticipated that the decision will face a court challenge.

The unfolding of this issue in Texas may have far-reaching consequences and will be monitored closely around the country. In Ohio, Kentucky, and Indiana, for example, the HIPAA requirements have prevented law enforcement personnel from conducting thorough background medical records checks on individuals applying for concealed carry permits. The Texas ruling may change everything.