Do news reporters have the right to receive information regarding a hospitalized patient?
Under Ohio’s public records law, the public has the right to access information regarding births, deaths, admissions and discharges from hospitals deemed public entities. Under the HIPAA privacy regulations, however, this component of Ohio’s public records law would be preempted since it provides for more access to protected information than HIPAA. HIPAA allows a hospital to develop a facility directory that contains only the following information: the patient’s name, location, and the patient’s condition described in general terms that does not communicate specific medical information (i.e., the condition can be described as “fair”, “critical”, etc.). The hospital may also include the religious affiliation of the patient if the patient wishes it included. Note, however, that it is optional for the hospital to even include the religious affiliation. Each patient, during the registration process, must be informed of the existence and use of the facility directory and given an opportunit
