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Re: Release of Info on "Terminally Inconvenienced" Persons



Well, per one of my co-workers who is the HIPAA person (Health Insurance
Portability and Accountability Act, for the record) the Civil War stuff is
probably safe for public viewing, whereas public figures of today like an
injured sports star's records (or, think Dale Earnhardt autopsy photos)
would not be.

When I asked if there was a timeframe set aside, say 100 years, she said
"see me in a 100 years & we'll see how it turns out".  Which is not the most
helpful answer to an information professional I admit, but based on my
limited grasp of HIPAA, nothing's really settled with it.  They seem to have
set it up with the express purpose of creating confusion and constant
reinterpretation, which I imagine guarantees lifetime jobs for some people.

So I guess the Civil War stuff is OK to open, but why, or what else could be
open is still up in the air.  Seems like there's an opening here for a
national organization (hint hint, SAA?) to raise the issue of the long term
needs of history and the need for clearer rules about accessing this kind of
information.

DS

______________________________________
Daniel Sokolow, Archives Coordinator
David Taylor Archives
North Shore-Long Island Jewish Health System
155 Community Drive
Great Neck, NY 11021
mailto:dsokolow@nshs.edu


-----Original Message-----
From: Dostie, Arthur [mailto:Arthur.Dostie@STATE.ME.US]
Sent: Monday, August 12, 2002 10:30 AM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: Release of Info on "Terminally Inconvenienced" Persons


Recently we have learned of the passing of the Health Information Personal
Privacy Act (I think I got it right) also known as HIPPA.  My understanding
of it is that information about a persons health contained in public records
cannot be released and this also applies to people who are "nonviable" (as
the politically correct would say), or more simply and accurately "dead".

Now let me put forward the example my supervisor came up with.  While it is
fictional ,it is surely representative of real letters found in our Civil
War correspondence:

Dere Govinner of Maine  -  I want you to git me out of this ridgerment and
let me com home because I have the diaree and bin sick ever sinse I got
here.  also whin I went to Worshintin on my furlow I gut me a case of the
clap.  And Besides, the orficer says I am useless for a soljer anyways.
Plese to take keer of this and I will remane yore

ob't servint
Pvt. Clarence Potlatch  20th Mane somewheres in Vaginier june 1 1863

Can anyone chip in on how this would be handled under HIPPA?  Would a state
Archives be exempt as it would not be an agency covered under HIPPA?  Are we
going to have to examine every record patrons wish to see to censor health
information on Revolutionary War pension applicants ("I am 80 yeres old and
not well.")?  Who's ready to see the second "Lord of the Rings" movie?

Would be glad to hear any opinions.

Art Dostie

Maine State Archives

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