Legal Hotline

Q: Does HIPAA prevent hospitals from releasing any and all information about patients? Does HIPAA restrict our ability to publish medical information? A:  While HIPAA prohibits unauthorized release of individually identifiable health records, it permits the release of “directory information” about patients identified by name in certain circumstances, and HIPAA does not apply to the…

Q: What documentation should news media organizations get from advertisers when allowing “adult 55+,” “retirement community,” “senior housing” and similar terminology in a housing ad? A:  Publishers are generally not liable for this type of wording in housing ads if they rely in good faith on the advertiser’s formal, written statement regarding its ability to…

Q: What are the rules when using terms like “Super Bowl,” “Super Sunday,” and NFL team names, logos and players in ads? * NOTE: This advice applies to commercial uses like advertising and marketing; it does not apply to news coverage. A:  The terms “Super Bowl,” “Super Sunday,” as well as NFL team names and…

Q:  A board of supervisors heard testimony on a zoning application, took public comment, and then announced that they would “meet privately to discuss the application and public comment.” After the private discussion, the board voted publicly to approve the application. Can they do that? A: Yes, they can, but the board is not required to conduct these…

Q: Can bingo and small games of chance ads include specific prizes and dollar amounts of prizes? A: Pennsylvania’s Bingo Law allows prizes and dollar value of prizes to be awarded in each game and in a single day to appear in ads, but the Small Games of Chance Act does not permit prizes or dollar values…

Q: A local borough council member told me they won’t be holding an organizational meeting in January, and they are the only borough in my area not holding one.  Aren’t boroughs required to hold an organizational meeting every year, and are these organizational meetings public? A:  Boroughs are required to hold an organizational meeting in even-numbered…

Q: Does the Sunshine Act require agencies to provide a general meeting notice at the beginning of the year, and if so, what are the requirements? A: Yes. The Sunshine Act requires agencies to provide public notice of its regular meeting schedule. Section 709 of the Act requires agencies to “give public notice of its first regular…

Q: A borough in our coverage area discussed and approved a proposed budget at its last public meeting. They also published public notice of the proposed budget’s approval. When I asked for a copy at the meeting and later at the borough’s main office, officials refused and said I can review a copy of the proposed…

Access to Polling Places, Computation and Records Election practices vary by county, but all counties must adhere to Title 25 of the Pennsylvania Statutes, the Pennsylvania Election Code, which governs access to ballots, returns, voter information and polling places. Journalists with questions or concerns can contact the PNA Legal Hotline at (717) 703-3080 or melissam@pa-news.org.…