45 CFR 164.502 - Uses and disclosures of protected health information: general rules

Cite as45 CFR 164.502
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545 practice notes
  • Health and Human Services Acquisition Regulations
    • United States
    • Federal Register November 18, 2015
    • November 18, 2015
    ...164.103; or (2) Provides certain services to an HHS HCC that involve PHI. (b) Where the Department as a covered entity is required by 45 CFR 164.502(e)(1) and 164.504(e) and, if applicable, sections 164.308(b)(3) and 164.314(a), to enter into a HIPAA business associate contract, the relevan......
  • Securing Updated and Necessary Statutory Evaluations Timely
    • United States
    • Centers For Medicare And Medicaid Services,Public Health Service,The Inspector General Office
    • Invalid date
    ...the Health Insurance Portability and Accountability Act of 1996 (HIPAA), found in 45 CFR parts 160, 162, and 164, particularly 45 CFR 164.502, which clarifies and strengthens privacy protections people with Preadmission Screening and Resident Review (PASRR) regulations found at 483.100 thro......
  • Health and Human Services Acquisition Regulation
    • United States
    • Federal Register March 02, 2015
    • March 2, 2015
    ...contract pursuant to the HIPAA Rules. We note that the definition of business associate includes ``subcontractors.'' However, under 45 CFR 164.502(e)(1)(i), a covered entity is not required to have a business associate contract with a subcontractor; this would be the responsibility of the b......
  • Improve Tracking of Workplace Injuries and Illnesses
    • United States
    • Federal Register May 12, 2016
    • May 12, 2016
    ...other critical purposes. A covered entity may not use or disclose protected health information unless permitted by the Privacy Rule. See, 45 CFR 164.502. As required by HIPAA, the provisions of the Privacy Rule only apply to ``covered entities.'' The term ``covered entity'' includes health ......
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332 cases
  • Dinerstein v. Google, LLC, No. 19 C 4311
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • September 4, 2020
    ...the Privacy Rule is more complicated. This component requires written authorization for the "sale of protected health information." 45 C.F.R. §§ 164.502(a)(5)(ii), 164.508(a)(4). Sales made pursuant to the research safe harbors discussed above are not prohibited sales if "the only remunerat......
  • Y.C. v. Superior Court of San Mateo Cnty., A162063
    • United States
    • California Court of Appeals
    • November 8, 2021
    ...U.S.C. § 1320d et seq. ) on this record. HIPAA prohibits a "covered entity" from using or disclosing protected health information. ( 45 C.F.R. § 164.502(a) (2020).) Covered entities include a "health plan," a "health care clearinghouse," and a "health care provider who transmits any health ......
  • Brown v. Mortensen, No. S180862.
    • United States
    • United States State Supreme Court (California)
    • June 16, 2011
    ...The Privacy Rule does so, defining and restricting the ability of covered entities to divulge confidential medical information. (See 45 C.F.R. § 164.502(a) (2010) [prohibiting use or disclosure of personal health information except as provided under the Privacy Rule].) The Department's regu......
  • Freedom of Info. Officer v. Freedom of Info. Comm'n, No. 19371.
    • United States
    • Supreme Court of Connecticut
    • September 22, 2015
    ...records, but we also note that HIPAA restricts the release of such information for only fifty years after an individual's death. 45 C.F.R. § 164.502(f). Gilligan has been deceased for more than fifty years. Finally, even if the department had shown that release of Gilligan's medical and den......
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121 firm's commentaries
11 books & journal articles
  • A Timely Right to Privacy
    • United States
    • Iowa Law Review Nbr. 104-3, March 2019
    • March 1, 2019
    ...NPD Notice of Proposed Determination by HHS PR Press Release by HHS HIPAA Rules Violations 45 C.F.R. § 164.524 45 C.F.R. § 160.310(b) 45 C.F.R. § 164.502(a) 45 C.F.R. § 164.530(c) 45 C.F.R. § 164.530(i)(1) 45 C.F.R. § 164.312(a)(2)(iv) 45 C.F.R. § 164.310(d)(1) 45 C.F.R. § 164.502(a) 45 C.F......
  • 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
    ...at *l-*2; Smith, 2005 N.Y. Misc. LEXIS 546. [104] See, e.g., Bayne v. Provost, 359 F. Supp. 2d 234, 243 (N.D.N.Y. 2005). [105] See 45 C.F.R. §§ 164.502, 164.508 [106] See id. § 164.508(a). [107] See id. § 164.512(e). [108] Id. § 164.512(e)(1)(i). [109] Id. § 164.512(e)(1)(u). [110] See id. ......
  • 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
    ..."health plan," "health care clearinghouse," and "health care provider" are defined in 45 C.F.R. 160.103. 45 C.F.R. § 160.103. Id. 45 C.F.R. § 164.502(a). 45 C.F.R. §§ 160.202, 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......
  • Privacy for Safety: The NCAA Sickle-Cell Trait Testing Policy and the Potential for Future Discrimination
    • United States
    • Iowa Law Review Nbr. 97-2, January 2012
    • January 1, 2012
    ...HIPAA). 69. The institution would be a covered entity because they are transmitting the medical information. See infra Part III.A. 70. 45 C.F.R. § 164.502 (a)–(b); SUMMARY OF THE HIPAA PRIVACY RULE, supra note 56, at 11. 71. SECRETARY’S ADVISORY COMMITTEE, supra note 25, at 9. 72. Interview......
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9 provisions
  • File 11, HB 64 – Main Operating Budget FY2016-FY2017
    • United States
    • Ohio Session Laws
    • January 1, 2015
    ...set forth in this section for as long as it is maintained. (7) If a state agency enters into a subcontract or, when required by 45 C.F.R. 164.502(e)(2), a business associate agreement, the subcontract or business associate agreement shall require the subcontractor or business associate to c......
  • Act 101-0649, SB 1864 – AN ACT concerning health
    • United States
    • Illinois Session Laws
    • January 1, 2019
    ...organization. "Minimum necessary" means HIPAA's standard for using, disclosing, and requesting protected health information found in 45 CFR 164.502(b) and "Nontherapeutic purpose" means a purpose that is not intended to improve or preserve the life or health of the individual whom the infor......
  • PL 36251, HB 1251 – Insurance Company Law of 1921 - omnibus amendments (effective IMMEDIATELY)
    • United States
    • Pennsylvania Session Laws
    • January 1, 2010
    ...Not Met.--(a) An authorized representative is authorized to act as the covered person's personal representative within the meaning of 45 CFR 164.502(g) (relating to uses and disclosures of protected health information: general rules) promulgated under the administrative simplification provi......
  • PL 50, SB 204 – Health care advance directives
    • United States
    • Indiana Session Laws
    • January 1, 2021
    ...care representative who is designated in the advance directive is authorized to act as the declarant's personal representative under 45 CFR 164.502(g) to obtain access to the declarant's information, and to communicate with the declarant's health care providers, for the purpose of gathering......
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