Public comments submitted over the state’s plan to redesign its Medicaid program are being kept private after the state raised HIPAA concerns.
The Agency for Persons with Disabilities asked for public feedback as it works to redesign the state’s Medicaid program after lawmakers voted to restructure it. After receiving the feedback, the agency says the submitted comments contain private health information and shouldn’t be made public under HIPAA, the Miami Herald reported.
“As a covered entity, there are hefty penalties for any organization that disclosed protected health information even if it was gathered during a public comment period,” APD Director Barbara Palmer reportedly said in a statement. “Attorneys spent many hours reviewing the requested documents to ensure APD was in compliance with legal requirements.”
However, open government advocates believe HIPAA doesn’t apply since the comments were submitted during the public comment process.
HIPAA “is meant to protect your medical information that would not otherwise be public,” First Amendment Foundation President Barbara Petersen told the news agency. “It does not apply, in my opinion, to comments made public to a public institution.”
