Abbott v. Texas Department of Mental Health & Mental Retardation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that HIPAA’s “commentary makes it clear that when determining whether to release protected health information in response to a Freedom of Information Act request, an agency must look to the limits and exemptions in the Act” and not to the limits in HIPAA
• state public records law not superseded, because state agency could comply with both state public records law and Privacy Rule, as Privacy Rule allows disclosure of information at issue under “required by law” exception
• state public records law not superseded, because state agency could comply with both state public records law and Privacy Rule, as Privacy Rule allows disclosure of information at issue under “required by law” exception
• statistics regarding allegations of patient abuse at Texas state facilities were not protected from disclosure by HIPAA because Texas’ ‘‘Public Infor- mation Act is a statute requiring the disclosure of protected health informa- tion as described in [§] 164.512 (a
• governmental body bears burden to show exception applies
• governmental body bears burden to show exception applies

Source: CourtListener parenthetical corpus (CC0).