Can we run a column about a student’s experience being tested for COVID-19?

Every week, Student Press Law Center attorneys answer a frequently asked question about student media law in “Ask SPLC.” Q: One of my classmates, a high school junior, has written a column about being tested for COVID-19. It’s well-written and informative. She talked it over with her parents and wants to use her name. Are there… Continue reading Can we run a column about a student’s experience being tested for COVID-19?

Does HIPAA limit my ability to report on COVID-19 cases?

Every week, Student Press Law Center attorneys answer a frequently asked question about student media law in “Ask SPLC.” Q: I’m being told the federal HIPAA law limits my ability to report on COVID-19 cases. Is this true?A: No. While HIPAA (the Health Insurance Portability and Accountability Act) may limit the information a medical provider can provide… Continue reading Does HIPAA limit my ability to report on COVID-19 cases?

TRANSPARENCY TUESDAY: A century-old murder mystery provokes a modern legal battle over access to medical records

A century ago, a crusading Connecticut newspaper editor helped bring to justice the murderous owner of an old-age home, relying on death certificates that showed boarders at the facility had a suspicious habit of dying from poison.The story of Amy Archer Gilligan -- who died in a state mental hospital in 1962, having been incarcerated 43 years for murder -- inspired the (exceedingly) dark comedy play and film, "Arsenic and Old Lace."And now, it has inspired something more: A sensible ruling that harmonizes state freedom-of-information law with federal health-care privacy law.Privacy laws are widely mis-cited to obstruct journalists' access to public records, and none more flagrantly so than HIPAA, the federal health care privacy statute.