9 results for 'cat:"Health Care" AND cat:"Public Record"'.
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: Government, health Care, public Record
J. Kacsmaryk finds for a nonprofit on its Freedom of Information Act case seeking 7.8 million text responses to the government's call for information from those who received a Covid-19 vaccine, including symptoms, adverse events, hospitalization or treatment, and safety issues. Production of the data, which will include the registrant number but redact personal identifying information, is not unreasonably burdensome.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: January 5, 2024, Case #: 2:23cv102, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: health Care, public Record, Covid-19
J. Neville finds that the appeals court improperly reversed the circuit court, which dismissed a complaint against a law firm alleging it violated the Mental Health and Developmental Disabilities Confidentiality Act by issuing a press release describing its client's suicide attempt and resulting injuries after winning a $4.2 million judgment. The Act does not protect confidential information that was voluntarily revealed in a public trial. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: November 30, 2023, Case #: 129097, Categories: health Care, public Record, Privacy
J. Tailor finds that the lower court properly ordered the Journal of American Medical Association to produce a privilege log and found that the subject documents concerning the journal's decision not to publish a researcher's original article are not protected under a common law peer review privilege because no such privilege exists under Illinois law. However, the journal's internal communications are nonetheless protected, as there is no merit to the contention that the FDA somehow pressed the journal not to publish the article. Affirmed in part.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: October 27, 2023, Case #: 221666, Categories: health Care, public Record
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J. Wiener finds the district court improperly denied the investigative journalist’s motion to intervene to challenge the sealing of records in the closed False Claims Act matter which alleged that the health provider routinely billed for nonexistent examinations and critical care services. Intervention is permitted by nonparties who seek only to challenge record-related restrictions, and so the journalist has standing. The matter is remanded for reconsideration of timeliness and other unexplored reasons for denial, with the Fifth Circuit still emphasizing the district court’s ultimate discretion. Reversed and remanded.
Court: 5th Circuit, Judge: Wiener, Filed On: August 31, 2023, Case #: 22-40707, Categories: Fraud, health Care, public Record
J. Cattani finds a lower court improperly ruled that a public records department creates a new record when it uses encryption to redact non- disclosable information housed in a database electronically. The public records department argued that a journalist's request for unredacted information was burdensome. However, the journalist presented sufficient evidence in court that viewing unredacted data does not necessarily create a new record, and would afford her to analyze trends in the database without sharing applicants names and other private information. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Cattani, Filed On: June 23, 2023, Case #: 1 CA-CV 21-720, Categories: health Care, public Record