45 CFR 160.103 - Definitions

Cite as45 CFR 160.103
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711 practice notes
  • Part III
    • United States
    • Federal Register April 18, 2005
    • 18 Abril 2005
    ...Secretary of Health and Human Services (Secretary) under subtitle F of Title II of HIPAA (HIPAA provisions). These rules are codified at 45 CFR part 160, subparts C and E. In addition, this proposed rule would add a new subpart D to part 160. The new subpart D would contain additional rules......
  • Part II
    • United States
    • Federal Register February 12, 2008
    • 12 Febrero 2008
    ...of the work product; (2) Constitutes individually identifiable health information as that term is defined in the HIPAA Privacy Rule at 45 CFR 160.103; (3) Is presented in a form and manner that allows the identification of an individual who in good faith reported information directly to a P......
  • Commercial Driver's License Drug and Alcohol Clearinghouse
    • United States
    • Federal Register December 05, 2016
    • 5 Diciembre 2016
    ...which governs the dissemination of protected health information, applies to all records generated or received by ``covered entities.'' 45 CFR 160.103; 45 CFR 164.104(a). HIPAA defines a covered entity as: ``(1) A health plan; (2) A health care clearinghouse; or (3) A health care provider th......
  • Health and Human Services Acquisition Regulations
    • United States
    • Federal Register November 18, 2015
    • 18 Noviembre 2015
    ...324.7000 Scope of subpart. All individually identifiable health information that is Protected Health Information (PHI), as defined in 45 CFR 160.103 shall be administered in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) implementing regulations at 4......
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412 cases
  • State v. United States Dep't of Health, Nos. 11–11021
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 12 Agosto 2011
    ...broad, covering any “person or organization who furnishes, bills, or is paid for health care in the normal course of business.” 45 C.F.R. § 160.103. And in 2009, Congress expanded HIPAA's coverage even further to include “business associates” of health care providers and health insurers. Se......
  • Y.C. v. Superior Court of San Mateo Cnty., A162063
    • United States
    • California Court of Appeals
    • 8 Noviembre 2021
    ...provider who transmits any health information in electronic form in connection with a transaction covered by [HIPAA's regulations]." ( 45 C.F.R. § 160.103.) These terms each have their own definition under HIPAA, and Y.C. does not attempt to establish that any of them encompasses the San Ma......
  • Northwestern Memorial Hosp. v. Ashcroft, No. 04-1379.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 26 Marzo 2004
    ...health information." The regulations define "protected health information" as "individually identifiable health information." 45 C.F.R. § 160.103. Both Congress and HHS define "individually identifiable health information" as information that "is created or received by a health care provide......
  • United States v. Smith, No. 20-50304
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 5 Mayo 2021
    ...Cancer Ctr. v. U.S. Dep't of Health & Human Servs. , 985 F.3d 472, 479 (5th Cir. 2021) (citing Webster's Second in interpreting 45 C.F.R. § 160.103, as modified in 2013); In re Ran , 607 F.3d 1017, 1028 (5th Cir. 2010) (citing Webster's Second in interpreting 11 U.S.C. § 1502(2), enacted 20......
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125 firm's commentaries
16 books & journal articles
  • Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety
    • United States
    • Iowa Law Review Nbr. 99-1, November 2013
    • 1 Noviembre 2013
    ...with a transaction for which HHS has adopted a standard, as well as health insurance companies and health-care clearinghouses. 45 C.F.R. § 160.103 (2012); For Covered Entities and Business Associates , U.S. DEP’T OF HEALTH & HUMAN SERVS., http://www.hhs.gov/ocr/privacy/hipaa/ understanding/......
  • A Proposed National Health Information Network Architecture and Complementary Federal Preemption of State Health Information Privacy Laws
    • United States
    • American Business Law Journal Nbr. 48-3, September 2011
    • 1 Septiembre 2011
    ...infra text accompanying notes 79–94 (HIPAA), 95–104 (HITECH), 105–33 (Model andTurning Point Acts).7942 U.S.C. § 1320d-2(a) (2006).8045 C.F.R. § 160.103 (2006).81Id. § 162.923(c) (2006). As defined, a business associate is a person or entity whose functioninvolve the use or disclosure of pro......
  • A Timely Right to Privacy
    • United States
    • Iowa Law Review Nbr. 104-3, March 2019
    • 1 Marzo 2019
    ...is “individually identifiable health information” that is “transmitted by electronic media” or “maintained in electronic media.” 45 C.F.R. § 160.103 (2017). Individually identifiable health information is information that . . . : (1) Is created or received by a health care provider, health ......
  • 79 J. Kan. Bar Assn 9, 23 (2010). How HITECH Are You? New Privacy and Security Rule Requirements.
    • United States
    • Kansas Bar Journal Nbr. 2010, January 2010
    • 1 Enero 2010
    ...164.102 et seq. 42 U.S.C. § 17921 et seq. Id. 42 U.S.C. § 17939. 42 U.S.C. § 17931, Note 45 C.F.R. § 164.500 et seq. PHI is defined in 45 C.F.R. § 160.103. The terms "covered entity," "health plan," "health care clearinghouse," and "health care provider" are defined in 45 C.F.R. 45 C.F.R. §......
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19 provisions
  • HB 110 – Creates appropriations for FY 2022-2023
    • United States
    • Ohio Session Laws
    • 1 Enero 2021
    ...a school vehicle in which the individual was an occupant at the time of the accident; (hh) Protected health information, as defined in 45 C.F.R. 160.103, that is in a claim for payment for a health care product, service, or procedure, as well as any other health claims data in another docum......
  • HB 166 – Creates FY 2020-2021 operating budget
    • United States
    • Ohio Session Laws
    • 1 Enero 2019
    ...a school vehicle in which the individual was an occupant at the time of the accident; (hh) Protected health information, as defined in 45 C.F.R. 160.103, that is in a claim for payment for a health care product, service, or procedure, as well as any other health claims data in another docum......
  • P.A. 22-0015, SB 6 – AN ACT CONCERNING PERSONAL DATA PRIVACY AND ONLINE MONITORING
    • United States
    • Connecticut Session Laws
    • 1 Enero 2022
    ...or data subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq.; or (6) covered entity or business associate, as defined in 45 CFR 160.103. (b) The following information and data is exempt from the provisions of sections 1 to 11, inclusive, of this act: (1) Protected health in......
  • Chapter 483, SB 190 – Protect Personal Data Privacy
    • United States
    • Colorado Session Laws
    • 1 Enero 2021
    ...made by or on behalf of the consumer who is entitled to exercise the rights. (3) "Business associate" has the meaning established in 45 CFR 160.103. (4) "Child" means an individual under thirteen years of (5) "Consent" means a clear, affirmative act signifying a consumer's freely given, spe......
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