HIPAA, The Privacy Rule, and the Texas Public Information Act: How Texas Health and Human Services Agencies Should Referee the Game of Exception Ping-Pong that These Laws Play

This comment addresses how the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Privacy Rule, and the Texas Public Information Act all affect Texas health and human services agencies and the valuable information they collect, create, and maintain during the course of their administrative duties. This comment explains the Abbott decision and examinees what that decision means for information seekers and information protectors in Texas. It also discusses how certain information protectors, primarily Texas health and human services agencies, should analyze public information request after the Abbott decision by focusing on the interaction between the seemingly conflicting state and federal laws that govern disclosure of valuable health information in Texas.