[Scan-DC] San Antonio Express-News: Compromise on EMS channels is reasonable

[Alan Henney]

San Antonio Express-News

August 23, 2009 Sunday 
STATE&METRO Edition

OUR TURN; Compromise on EMS channels is reasonable

SECTION: EDITORIAL; Pg. 8B

LENGTH: 285 words

The City of San Antonio's plan to block the news media from monitoring the frequencies used by the Fire Department to dispatch emergency personnel was difficult to understand. 

City Attorney Michael Bernard suggested the blackout was necessary to keep the city in compliance with the administrative provisions of the Federal Health Insurance Portability and Accountability Act of 1996.

Yet the purpose of those HIPAA provisions is to protect the privacy of individuals' health care information. It's only remotely possible that such information along with a person's name might be revealed in EMS correspondence.

That's why blocking the media from monitoring the EMS channels seemed like such a heavy-handed solution to a non-existent problem.

And that's why it made it seem as though the city was trying to avoid scrutiny of its emergency services, scrutiny that in recent years has resulted in controversy and a review of EMS protocol.

The new policy would have led to a costly legal battle about public access to government information. That was a battle the city was bound to lose.

The Texas attorney general and appellate courts have ruled the state's open records laws trump a restrictive interpretation of HIPAA.

So it was good to see a reasonable compromise reached on the scanner traffic last week.

The city has agreed to restore the Fire Department and EMS dispatch channels on all media radios. Radio communications that describe patient conditions, however, will take place on channels that continue to be blocked.

The compromise policy addresses the city's concerns about HIPAA compliance.

It will also allow the media to be aware of emergency situations and fulfill its role as a watchdog for public safety.