45 C.F.R. § 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required
| Cite as | 45 C.F.R. § 164.512 |
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1266 practice notes
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Part II
...of proposed Sec. 3.208 below. For entities that are subject to the HIPAA Privacy Rule and this Part, disclosures must conform to 45 CFR 164.512(e) of the HIPAA Privacy Rule. We expect that court rulings following an in camera determination would be issued as a court order, which would satis......
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Occupational Exposure to Respirable Crystalline Silica
...for disclosure of certain health information to an employer where needed to comply with OSHA requirements for medical surveillance (45 CFR 164.512). Moreover, this standard's requirement that medical surveillance reports be provided to workers rather than to employers eliminates much of thi......
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Federal Policy for the Protection of Human Subjects
...or ``research'' as those terms are defined at 45 CFR 164.501 or for the purpose of ``public health activities'' as described under 45 CFR 164.512(b). (3) The following activities are excluded because they are considered to be low-risk human subjects research activities that do not meaningfu......
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Patient Protection and Affordable Care Act; Program Integrity: Exchange, SHOP, Premium Stabilization Programs, and Market Standards
...obtained from the agencies administering such programs. Finally, we propose to add paragraph (b)(2) to provide that consistent with 45 CFR 164.512(k)(6)(i) and 45 CFR 155.270, a health plan that is a government program providing public benefits, is expressly authorized to disclose PHI, as t......
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933 cases
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SMILEY v. Ala. Dep't of Transp., CASE NO. 2:10-cv-236-MEF
...records and regulates how covered entities can use or disclose individually identifiable medical information about an individual. 45 C.F.R. § 164.512. However, HIPPA regulations do not expressly or implicitly confer a private right of action on an individual. See, e.g,. O 'Donnell v. Blue C......
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Y.C. v. Superior Court of San Mateo Cnty., A162063
...not apply in the absence of a court order, subpoena or assurance that steps have been taken to secure a protective order. ( 45 C.F.R. § 164.512(e) (2020).)7 Second, under the due process principles enunciated in In re Gault , supra , 387 U.S. 1, 87 S.Ct. 1428, I think Y.C.’s assessment inte......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., No. 18904.
...judgment, which had claimed that the defendant's conduct in responding to the subpoena violated the HIPAA regulations, specifically 45 C.F.R. § 164.512(e),12 as a matter of law. The 102 A.3d 41trial court denied, however, 314 Conn. 444the defendant's motion for summary judgment with respect......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., SC 19873
...judgment, which had claimed that the defendant's conduct in responding to the subpoena violated the HIPAA regulations, specifically 45 C.F.R. § 164.512 (e), as a matter of law. The trial court denied, however, the defendant's motion for summary judgment with respect to the remaining counts ......
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156 firm's commentaries
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HIPAA Does Not Preempt State Litigation Practice
...plaintiffs. Instead health care providers “may disclose protected health information in the course of any judicial. . .proceeding.” 45 C.F.R. §164.512(e). This regulation states, in pertinent part: (e) Standard: Disclosures for judicial. . .proceedings.(1) Permitted disclosures. A covered e......
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Handling HIPAA Breaches: Investigating, Mitigating and Reporting
...164.510). HIPAA allows certain other disclosures that are required by law or made for specified public safety or government functions. (45 CFR 164.512). Disclosures that are incidental to permissible uses or disclosures do not violate the privacy rule if the covered entity employed reasonab......
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HHS Proposes Significant HIPAA Privacy Rule Changes: Amendments Would Increase Individual and Institutional Access and Coordination of Care
...[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 Federal Register, which, ......
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More Data Please! The Challenges of Applying Health Information Privacy Laws to the Development of Artificial Intelligence
...and research rests on whether the primary purpose of the study is to produce 'generalizable knowledge.'"). 30 45 C.F.R. §§ 164.508, 164.512(i), and 164.514(e). HIPAA also includes other permissions for research, such as review preparatory to research or research involving decedent informati......
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15 books & journal articles
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Privacy for Safety: The NCAA Sickle-Cell Trait Testing Policy and the Potential for Future Discrimination
...of Anonymization , 57 UCLA L. REV. 1701, 1737 (2010) (citations omitted). 90. Id. at 1742–43. 91. Id. at 1740. 92. See id. 93. 45 C.F.R. §§ 164.512(i)(1)(i)–(iii); SUMMARY OF THE HIPAA PRIVACY RULE, supra note 56 at 8; U.S. DEP’T OF HEALTH & HUMAN SERVS., HEALTH INFORMATION PRIVACY: RESEARC......
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79 J. Kan. Bar Assn 9, 23 (2010). How HITECH Are You? New Privacy and Security Rule Requirements.
...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 individual's authorization is not required). Id. 45 C.F.R. § 164.524. 45 C.F.R. § 164.524(a).......
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HIPAA: Its Impact on Ex Parte Disclosures With an Adverse Party's Treating Physician
...by the covered physician be done via an ordinary discovery device.116 b Methods of Obtaining Disclosure Without a Court Order Under 45 C.F.R. § 164.512(e)(l)(ii), the defendant's counsel could seek to obtain the protected health information by "subpoena, discovery request or other lawful pr......
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DATA, DEFERENCE, AND NON-DISCLOSURE: SHEDDING LIGHT ON LOUISIANA'S DEATHS BEHIND BARS FROM 2015-2019.
...Information Management, DEP'T OF JUST., FED. BUREAU OF PRISONS, 5 (Mar, 2, 2015) https://www.bop.gov/policy/progstat/6090_004.pdf. (94) 45 CFR 164.512(i)(1)(ii) ("(ii)Reviews preparatory to research. The covered entity obtains from the researcher representations that: (A) Use or disclosure ......
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9 provisions
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Chapter 483, SB 190 – Protect Personal Data Privacy
...secs. 299b-21 to 299b-26; (g) Information that is: (I) De-identifiedin accordance with the requirements for De-identification set forth in 45 CFR 164; (II) Derived from any of the health-care-related information described in this section. (h) Information maintained in the same manner as inf......
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Act 9, HB 315 – An act relating to COVID-19 relief
...approval of the Commissioner, to researchers who present evidence of approval from an institutional review board in accordance with 45 C.F.R. § 164.512. (e) Prior to releasing confidential information pursuant to subsections (c) and (d) of this section, the Commissioner shall obtain from St......
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Act 676, HB 2320 – TO COMPLY WITH STOP VIOLENCE AGAINST WOMEN FORMULA GRANT PROGRAM AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005 FUNDING REQUIREMENTS
...a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement which meets the requirements of 45 C.F.R. 164.512(d), as it existed on January 2, 2001, directly to the board for (2) The medical facility or licensed health care provider shall not submit an......
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Chapter 61, HB 79 – relative to town health officers
...under RSA 141-C:5. All sharing of confidential information under this section shall be in accordance with this section and pursuant to 45 C.F.R. 164.512(b). 61:9 Safety Regulations for Pools and Bathing Places; Injunction; Emergency Closures. Amend RSA 485-A:27, II(b) to read as follows: (b......
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