45 CFR 164.508 - Uses and disclosures for which an authorization is required

Cite as45 CFR 164.508
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358 practice notes
  • Part II
    • United States
    • Federal Register November 17, 2008
    • November 17, 2008
    ...requested disclosure, an expiration date or event for the authorization, and a signature of the individual making the authorization. 45 CFR 164.508(c)(1). In addition, three required statements regarding the revocation of the authorization, the conditioning of treatment or payment, and the ......
  • Federal Policy for the Protection of Human Subjects
    • United States
    • Federal Register September 08, 2015
    • September 8, 2015
    ...language at Sec. __.116 that if a HIPAA authorization is combined with a consent form, the authorization elements required by 45 CFR 164.508 must be included in the consent document and not the appendices. In other words, when consent is combined with authorization, the authorization elemen......
  • Part IV
    • United States
    • Federal Register February 11, 2008
    • February 11, 2008
    ...of the requested disclosure; (4) an expiration date or event for the authorization; and (5) a signature of the individual and date. 45 CFR 164.508(c)(1). In any instance in which the employee's health care provider is disclosing medical information to the employer, the HIPAA Privacy Rule re......
  • Family and Medical Leave Act of 1993,
    • United States
    • Federal Register February 11, 2008
    • February 11, 2008
    ...of the requested disclosure; (4) an expiration date or event for the authorization; and (5) a signature of the individual and date. 45 CFR 164.508(c)(1). In any instance in which the employee's health care provider is disclosing medical information to the employer, the HIPAA Privacy Rule re......
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251 cases
  • Y.C. v. Superior Court of San Mateo Cnty., A162063
    • United States
    • California Court of Appeals
    • November 8, 2021
    ...both laws. Specifically, Y.C. argues that Johnson failed to obtain signed, written authorization, as required by both statutes (see 45 C.F.R. § 164.508(c)(1) ; Civ. Code, § 56.11 ), and that he was not provided with a "Notice of Privacy Practices" or the opportunity to object to d......
  • Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., No. 18904.
    • United States
    • Supreme Court of Connecticut
    • November 11, 2014
    ...determine that the plaintiff had not received satisfactory notice of the request for her records from the face of the subpoena”; (3) 45 C.F.R. §§ 164.508(b)(2) and 164.508c (1)–(3) “in that the subpoena was not a valid authorization to produce the records”; (4) 45 C.F.R. § 164.522 “in faili......
  • Gilardi v. U.S. Dep't of Health & Human Servs., No. 13-5069
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 1, 2013
    ...regarding employees' health care decisions. See Br. of Americans United for Separation of Church and State, et al., at 29-30 (citing 45 C.F.R. § 164.508; 45 C.F.R. § 164.510). Moreover, the Gilardis are free to procure Mandate-compliant coverage for their employees through an entirely indep......
  • United States v. Deleon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • December 5, 2019
    ...Generally, a healthcare provider cannot use or disclose a patient's health care information without the patient's authorization. See 45 C.F.R. § 164.508(a)(1) ("Except as otherwise permitted or required by this subchapter, a covered entity may not use or disclose protected health infor......
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58 firm's commentaries
9 books & journal articles
  • Untangling Privacy: Losses Versus Violations
    • United States
    • Iowa Law Review Nbr. 105-5, July 2020
    • July 1, 2020
    ...range 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 t......
  • Regulating Clinical Research: Informed Consent, Privacy, and Irbs
    • United States
    • Capital University Law Review Nbr. 31-1, January 2003
    • January 1, 2003
    ...(last visited July 9, 2001). The use and disclosure of protected health information is addressed in 45 C.F.R. §§ 164.501, 164.508(f), and 164.512(i). [66] See 1998 Hearing, supra note 9. [67] Protecting Human Research Subjects: Status of Recommendations (2000) (Office of Inspector General, ......
  • HIPAA: Its Impact on Ex Parte Disclosures With an Adverse Party's Treating Physician
    • United States
    • Capital University Law Review Nbr. 34-4, July 2006
    • July 1, 2006
    ...§ 164.508(c)(1)(ii). [96] See Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. at 82474. [97] See 45 C.F.R. § 164.508(b)(5). [98] See, e.g., Croskey v. BMW of N. Am., Inc., No. 02-CV-73747-DT, 2005 U.S. Dist. LEXIS 3673 (E.D. Mich. Feb. 14, 2005); Belote v......
  • 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
    • January 1, 2010
    ...C.F.R. § 164.502(a). 45 C.F.R. §§ 160.202, 160.203(b). See, e.g., K.S.A. 59-2979, 59-29b79, 60-427, and 65-5602. 45 C.F.R. §§ 164.502(a), 164.508(a). 45 C.F.R. §§ 164.502, 164.508(b). 45 C.F.R. § 164.502(a)(ii). See, e.g., 45 C.F.R. § 164.512 (listing the uses and disclosures for which an i......
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