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Ohio Supreme Court Rules Lead Risk Reports Subject to State Open Records Law Despite HIPAA

The Cincinnati Enquirer filed suit to obtain lead-risk-assessment reports maintained by the city health department and lead-citation notices issued to property owners of residence occupied by children whose blood indicated elevated lead levels. The Supreme Court held that the reports did not contain “protected health information” under Health Insurance Portability and Accountability Act (HIPAA), and even if HIPAA did apply, the reports would be subject to disclosure under the state law exception to HIPAA privacy rule.

Read the Ohio Supreme Court opinion below (.pdf).


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