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Weitzel
(Photo by Linda D. Epstein/Knight Ridder Tribune Photo)
Pete Weitzel of the Coalition of Journalists for Open Government speaks to the Council.

Sunshine Week will be observed from March 12-18, 2006. ASNE, the primary sponsor, would like more particpation this year from organizations and other supporters. For more information, visit www.sunshineweek.org or message Debra Gersh Hernandez, dgherhandez@asne.org

Sponsors of the first national Sunshine Week, March 13-19, 2005, said the event "was a great success—even more than we had hoped. Daily and weekly newspapers, broadcasters, bloggers and other media, as well as federal and state legislators, librarians, civic groups and others across the country joined in the effort to remind the public that government belongs to, and must be accountable to, the people.

The enthusiasm and creativity we saw across the board were tremendously encouraging not only to the coordinating team, but also to other participants who got ideas or inspiration from seeing what was out there. There were so many creative efforts, in addition to editorials and news stories—special sections, public discussion forums, essay contests, student programs, editorial cartoons and comic strips, film screenings, phone-in hotlines, the list goes on and on."

For more information, see www.sunshineweek.org

The Radio-Television News Directors Association, a Council member, had this to report in mid-October 2004:

Two recent developments could ease difficulties reporters have had in getting information from hospitals and other health care providers under HIPAA (Health Insurance Portability and Accountability Act of 1996).

First, at the request of RTNDA and other media groups, the Department of Health and Human Services has agreed to make clear that HIPAA does not pre-empt state records law. Those clarifications are reflected on the HHS website at www.hhs.gov/ocr/hipaa. Reporters can direct health care providers to that language when they encounter obstacles to getting information.

Second, the National Committee on Vital and Health Statistics Committee invited RTNDA and other media groups to submit for its consideration suggestions for how to improve HIPAA. RTNDA president Barbara Cochran had testified before the committee in July and described how reporters were running into roadblocks trying to get some information that had been public record in the past. RTNDA and the other media groups cited three problem areas and suggested solutions:
The Privacy Rule makes no attempt to balance the benefits of general public disclosure against patient privacy. Suggested solution: Hospital personnel may release a patient's name if that name is also readily available on a public report.
Disclosures of malpractice, fraud or abuse within health care institutions by whistleblowers are too tightly constricted. Suggested solution: Patient information may be released when it is essential in revealing allegations of wrongdoing.
Death should not be protected health information and its occurrence should extinguish most privacy rights. Suggested solution: Restore the common law principle.

The Committee is expected to make its recommendations to HHS Secretary Tommy Thompson before the end of the year.

For more on RTNDA's efforts regarding the Health Insurance Portability and Accountability Act of 1996 and reporter access, please visit www.rtnda.org/foi/hipaa.shtml.