45 CFR 164.502 - Uses and disclosures of protected health information: general rules
| Cite as | 45 CFR 164.502 |
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545 practice notes
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Health and Human Services Acquisition Regulations
...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......
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Securing Updated and Necessary Statutory Evaluations Timely
...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......
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Health and Human Services Acquisition Regulation
...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......
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Improve Tracking of Workplace Injuries and Illnesses
...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
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Dinerstein v. Google, LLC, No. 19 C 4311
...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......
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Y.C. v. Superior Court of San Mateo Cnty., A162063
...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 ......
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Brown v. Mortensen, No. S180862.
...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......
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Freedom of Info. Officer v. Freedom of Info. Comm'n, No. 19371.
...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
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OCR Issues Proposed Modifications to HIPAA Privacy and Security Rules to Implement HITECH Act
...covered entity must make reasonable efforts to ensure that individuals who opt out are not sent future fundraising communications. 59 45 C.F.R. § 164.502(b)(1). 60 HITECH Act § 13,405(b)(1)(B) (to be codified at 45 C.F.R. pts. 160, 164). 61 75 Fed. Reg. at 40,896. 62 Id. 63 HITECH Act § 13,......
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Minors' Ability to Consent to Medical Treatment Under Utah Law
...4U.CA. § 78B-3-406(6)(j). 5In such situations, HIPAA allows the minor to control who can access their medical records for such care. 45 CFR § 164.502(g)(3)(i)(C). 6See AMA Ethics Opinion 5.055, available at https://journalofethics.ama-assn.org/article/ama-code-medical-ethics-opinion-adolesc......
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US Outlook: Top Privacy Questions For Businesses Amid New Coronavirus Outbreak
...2012); Taylor v. City of Shreveport, 798 F.3d 276, 288 (5th Cir. 2015). 82 C.R. England at 1046–1047. 83 Bulletin, supra note 2. 84 45 CFR §§ 164.502(b), 164.514(d). 85 Bulletin, supra note 2. 86 U.S. Dept. of Health & Human Servs., Notification of Enforcement Discretion for Telehealth Remo......
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HHS Proposes Significant HIPAA Privacy Rule Changes: Amendments Would Increase Individual and Institutional Access and Coordination of Care
...for affected entities 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......
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11 books & journal articles
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A Timely Right to Privacy
...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......
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HIPAA: Its Impact on Ex Parte Disclosures With an Adverse Party's Treating Physician
...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. ......
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79 J. Kan. Bar Assn 9, 23 (2010). How HITECH Are You? New Privacy and Security Rule Requirements.
..."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......
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Privacy for Safety: The NCAA Sickle-Cell Trait Testing Policy and the Potential for Future Discrimination
...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
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File 11, HB 64 – Main Operating Budget FY2016-FY2017
...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......
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Act 101-0649, SB 1864 – AN ACT concerning health
...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......
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PL 36251, HB 1251 – Insurance Company Law of 1921 - omnibus amendments (effective IMMEDIATELY)
...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......
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PL 50, SB 204 – Health care advance directives
...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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