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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32909
Experience:  Began practicing law in 1992
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This question pertains to Georgia law: does PPA regulations

Customer Question

This question pertains to Georgia law: does HIPPA regulations trump public records or the other way around?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Can you provide a few facts to put this into context?

Customer: replied 1 year ago.
I have accessed a public record, a court document. Judge and attorney refer multiple time to a defendant's mental health, medication, and diagnoses. I plan to publish this information on a blog site.
Expert:  Dwayne B. replied 1 year ago.

You wouldn't be covered by HIPAA since you aren't a "covered entity" under HIPAA.

Expert:  Dwayne B. replied 1 year ago.

That is assuming you aren't a doctor, health insurer, etc.

Customer: replied 1 year ago.
public records trump HIPPA, correct?
Expert:  Dwayne B. replied 1 year ago.

However, even if something has been mentioned in a public records, if you were a covered entity HIPAA would still restrict what you could discuss.

Expert:  Dwayne B. replied 1 year ago.

No, public records do not trump HIPAA.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.