General rule and exceptions
| Currency | Current through May 31, 2023 |
| Citation | 45 C.F.R. §160.203 |
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1 cases
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Loparo v. Univ. Hosp. Health Sys., Inc.
...in HIPAA when the discovery at issue is protected health information, as defined by 45 C.F.R. 160.103. OhioHealth Corp. ¶ 16. See 45 C.F.R. 160.203. [12] {¶ 24} Notably, Ohio’s privacy laws are stricter than HIPAA concerning protected health information. May v. N. Health Facilities, Inc., 1......
6 firm's commentaries
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Tapping Into the Big Value of Health Care Big Data
...Part 2. 26 5 U.S.C. §552a et seq. 27 42 U.S.C. §263a, 42 C.F.R. Part #? 28 15 U.S.C. § 5801 et seq. 29 29 U.S.C. §1002 et seq. 30 45 C.F.R. § 160.203. 31 45 C.F.R. §160.103; Protected health (PHI) is any information about health status, provision of health care, or payment for health care t......
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Government Investigations Into Cybersecurity Breaches In Healthcare
...be imposed in addition to one year of imprisonment. 30 Individuals committing offenses under false pretenses may be subject to a 24 45 C.F.R. § 160.203. 25 42 U.S.C. § 1320d-5. 26 42 U.S.C. § 1320d-6(a). 27 Id. 28 United States Department of Justice, Memorandum Opinion for the General Couns......
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Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing Homes
...are contrary to HIPAA are preempted unless that state law is 'more stringent.'" Opis Management, No. 11-400 slip op. at 3 (citing 45 C.F.R. § 160.203). Because the Court found section 400.145 provides less protection than HIPAA, not more, it concluded that the state law is preempted. The Ap......
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The California Consumer Privacy Act’s Applicability to the Health Care Industry
...45 CFR § 160.103. [8] Cal. Civ. Code § 56.05(j). [9] Cal. Civ. Code § 1798.145(c)(1)(B). [10] Cal. Civ. Code § 1798.145(c)(1)(A). [11] 45 CFR § 160.203. [12] 45 CFR § Andrea Musker Anne M. Brendel function JDS_LoadEvent(func) { var existingOnLoad = window.onload; if (typeof window.onload !=......
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4 books & journal articles
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Table of Statutes
...11.5(2)(c) 45 C.F.R. § 160.102(a): 11.3(3) 45 C.F.R. § 160.103: 11.3(3), 11.3(4), 11.5(2)(c) 45 C.F.R. § 160.202: 11.3(5) 45 C.F.R. § 160.203(b): 11.3(2), 11.3(5) 45 C.F.R. § 160.404: 11.3(3) 45 C.F.R. § 160.408: 11.3(3) 45 C.F.R. § 164.104(b): 11.3(3) 45 C.F.R. § 164.302: 11.3(3) 45 C.F.R.......
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§11.3 Access to Public Records Under The Hipaa Privacy Rule
...§ 1320d-7(a)(1), except when state privacy protections are more stringent, 42 U.S.C. § 1320d-7(a)(2)(B); 42 U.S.C. § 1320d-2 notes; 45 C.F.R. § 160.203(b). Under this preemption, the HIPAA privacy rule sets the minimum standards for confidentiality of health care records in (3) Application ......
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Understanding the boundaries of the HIPAA preemption analysis: who is regulated by the privacy rule and what information does HIPAA protect?
...services to attorneys. Preemption of State Laws The Privacy Rule contains a state law preemption provision that can be found at 45 C.F.R. § 160.203. The preemption A standard, requirement, or implementation specification adopted under this subchapter that is contrary to a provision of State......
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Section 5.16 Access by Patient
...§ 30-20.084(1)(F). As just mentioned above and discussed in §5.1 above, HIPAA preempts state law when state law is less stringent. See 45 C.F.R. § 160.203. For that reason, this section and §§5.17 and 5.18 below discuss HIPAA in some detail. Counsel should also be aware, however, that when ......