45 CFR 164.508 - Uses and disclosures for which an authorization is required
| Cite as | 45 CFR 164.508 |
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358 practice notes
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Part II
...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 ......
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Federal Policy for the Protection of Human Subjects
...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......
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Part IV
...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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Family and Medical Leave Act of 1993,
...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
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Y.C. v. Superior Court of San Mateo Cnty., A162063
...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......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., No. 18904.
...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......
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Gilardi v. U.S. Dep't of Health & Human Servs., No. 13-5069
...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......
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United States v. Deleon, No. CR 15-4268 JB
...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
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OCR Issues Proposed Modifications to HIPAA Privacy and Security Rules to Implement HITECH Act
...remuneration does not include any payment for the treatment of an individual by a health plan or other responsible party. 20 45 C.F.R. § 164.508(a)(3). 21 45 C.F.R. § 164.501. 22 45 C.F.R. § 164.501 and 508(a)(3). 23 HITECH Act § 13,406(a) (codified at 42 U.S.C. § 17,936). 24 75 Fed. Reg. a......
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Georgia Supreme Court takes another chip off SB 3
...to the individual [who is the subject of the medical records] or the purpose of the [release]”; and (6) individual’s signature and date. 45 CFR § 164.508 (c) (1). In addition, the Privacy Rule requires authorizations to include statements “adequate to place the individual on notice of” cert......
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HHS Proposes Significant HIPAA Privacy Rule Changes: Amendments Would Increase Individual and Institutional Access and Coordination of Care
...to come into compliance. [1] Specifically, the Rule would affect or amend 45 CFR §§164.103, 164.404, 164.414, 164.501, 164.502, 164.506, 164.508, 164.510, 164.511, 164.512, 164.513, 164.514, 164.520, 164.524 and [2] Formally, comments are due within 60 days of the NPRM’s publication in the ......
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New HIPAA Rule Imposes Data Security and Privacy Obligations Directly Upon Vendors and Contractors of Covered Entities
...in the Interim Rule still makes breach notifications following a data security incidentsunnecessary, as it renders PHI unusable).21 -45 C.F.R. §§ 164.508(a)(3), 164.502(a)(5)(ii) (as amended); see also Notice of Final Rule, supra note 1, at 5,566.22 -45 C.F.R.§ 164.501 (as amended) (definit......
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9 books & journal articles
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Untangling Privacy: Losses Versus Violations
...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......
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Regulating Clinical Research: Informed Consent, Privacy, and Irbs
...(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, ......
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HIPAA: Its Impact on Ex Parte Disclosures With an Adverse Party's Treating Physician
...§ 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......
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79 J. Kan. Bar Assn 9, 23 (2010). How HITECH Are You? New Privacy and Security Rule Requirements.
...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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1 provisions
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P.A. 21-0157, HB 6391 – AN ACT CONCERNING THE INSURANCE DEPARTMENT'S RECOMMENDATIONS REGARDING THE GENERAL STATUTES
...(D)(i) of this subdivision, an authorization form or other document approved by the commissioner that complies with the requirements of 45 CFR 164.508, as amended from time to time, by which the covered person shall authorize the health carrier and the covered person's treating health care ......