Uses and disclosures for which an authorization is required

CurrencyCurrent through May 31, 2023
Citation 45 C.F.R. §164.508

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14 cases
  • United States v. Wilson
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 15, 2024
    ...a health care provider cannot disclose such information "without authorization" from the patient. 42 U.S.C. § 1320-d(a); see 45 C.F.R. § 164.508 ("Except as otherwise permitted or required by this subchapter, a covered entity may not use or disclose protected health information without an a......
  • Sun-Times v. Cook Cnty. Health & Hosps. Sys.
    • United States
    • Illinois Supreme Court
    • November 30, 2022
    ...writing or unless the use or disclosure is otherwise specifically permitted or required by the privacy rule. 45 C.F.R. §§ 164.502, 164.506, 164.508, 164.510, 164.512 (2018). HIPAA defines "protected health information," as all "individually identifiable health information" kept by a covered......
  • Martinolich v. State
    • United States
    • New Jersey Superior Court — Appellate Division
    • October 28, 2025
    ...(iv) Except for uses and disclosures prohibited under § 164.502(a)(5)(i), pursuant to and in compliance with a valid authorization under § 164.508; (v) Pursuant to an agreement under, as otherwise permitted by, § 164.510; and (vi) As permitted by and in compliance with any of the following:......
  • In re Meta Pixel Healthcare Litig.
    • United States
    • U.S. District Court — Northern District of California
    • December 22, 2022
    ...e.g., 42 U.S.C. § 1320d-6 (providing criminal and civil penalties for disclosing protected health information without authorization); 45 C.F.R. § 164.508 (requiring a "valid authorization" for use or disclosure of protected health information); Section I.A.2 supra (finding that patient stat......
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16 firm's commentaries
  • Tapping Into the Big Value of Health Care Big Data
    • United States
    • JD Supra United States
    • March 2, 2015
    ...to develop or contribute to generalizable knowledge.” 50 45 C.F.R. §153.512(i). 51 45 C.F.R. §153.502(d). 52 45 C.F.R. §153.512(i). 53 45 C.F.R. §164.508. 54 HHS, Modifications to the HIPAA Privacy, Enforcement, and Breach Notification Rules Under the Health Information Technology for Econo......
  • Coronavirus: Paul Weiss Discusses Employment Law and Guidance for Employers
    • United States
    • LexBlog United States
    • March 13, 2020
    ...and Novel Coronavirus,” (Feb. 2020), https://www.hhs.gov/sites/default/files/february-2020-hipaa-and-novel-coronavirus.pdf. [10] 45 C.F.R. § 164.508; see U.S. Health & Human Services, Office of Civil Rights, “Bulletin: HIPAA Privacy and Novel Coronavirus,” (Feb. 2020), https://www.hhs.g......
  • OCR Issues Final Modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to Implement the HITECH Act
    • United States
    • JD Supra United States
    • February 21, 2013
    ...did not compromise the security or privacy of the PHI Restrictions on Use of PHI for Marketing Communications Marketing Authorization (45 CFR § 164.508) The Privacy Rule requires a covered entity to obtain an individual’s Privacy Rule-compliant authorization prior to using or disclosing PHI......
  • HHS Issues Final Omnibus HIPAA/HITECH Rule
    • United States
    • JD Supra United States
    • January 24, 2013
    ...disclosures (i.e., the scope of the authorization) and otherwise contains the elements and statements of a valid authorization under 45 C.F.R. § 164.508. The exceptions for face-to-face communications and promotional gifts of nominal value set forth in the Privacy Rule remain. According to ......
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12 books & journal articles
  • Table of Statutes
    • United States
    • Washington State Bar Association Estate Planning, Probate, and Trust Administration in Washington (WSBA) Table of Statutes
    • Invalid date
    ...14.3(3) 43 C.F.R. § 30.250: 14.6(3) 43 C.F.R. pt. 100: 14.7(1)(e) 45 C.F.R. § 164.502: 6.3(7) 45 C.F.R. § 164.502(g)(4): 13.3(3)(c) 45 C.F.R. § 164.508: 6.3(7) 45 C.F.R. pt. 260: 4.6(1) TREASURY REGULATIONS________________________________________ Treas. Reg. § 1.31-1(a): 17.4 § 1.61-21(a)(3......
  • §11.3 Access to Public Records Under The Hipaa Privacy Rule
    • United States
    • Washington State Bar Association Public Records Act Deskbook: Washington's Public Disclosure and Open Public Meetings Laws (WSBA) Chapter 11 Disclosure of Medical Information
    • Invalid date
    ...entity to condition eligibility on the signing of the authorization, and the potential for redisclosure of PHI once disclosed. 45 C.F.R. § 164.508(c)(2). In addition, the Privacy Rule requires that the purpose for the disclosure be stated but allows an entity to imply that it is "at the req......
  • Table of Statutes
    • United States
    • Washington State Bar Association Public Records Act Deskbook: Washington's Public Disclosure and Open Public Meetings Laws (WSBA) Table of Statutes/Regulations
    • Invalid date
    ...164.500(c): 11.3(3) 45 C.F.R. § 164.502(a)(1)(iv): 11.3(4) 45 C.F.R. § 164.502(a)(2)(i): 11.3(5) 45 C.F.R. § 164.502(b)(2)(v): 11.3(4) 45 C.F.R. § 164.508: 11-App. 45 C.F.R. § 164.508(a)(1): 11.3(4) 45 C.F.R. § 164.508(b)(1)(i): 11-App. 45 C.F.R. § 164.508(b)(2)(i): 11-App. 45 C.F.R. § 164.......
  • Untangling Privacy: Losses Versus Violations
    • United States
    • Iowa Law Review No. 105-5, July 2020
    • July 1, 2020
    ...of restrictions on the use of medical information (beyond those necessary for treatment, payment, and health care operations), 45 C.F.R. § 164.508 (2002), and the Federal Election Campaign Act states that documents filed with the Commission “may not be sold or used by any person for the pur......
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