45 C.F.R. §164.510 - Uses and disclosures requiring an opportunity for the individual to agree or to object

Cite as45 C.F.R. §164.510
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34 cases
  • Y.C. v. Superior Court of San Mateo Cnty.
    • United States
    • California Court of Appeals
    • November 8, 2021
    ...a "Notice of Privacy Practices" or the opportunity to object to disclosure of the assessment, as required by HIPAA's regulations. (See 45 C.F.R. §§ 164.510, 164.520.) As to CMIA, Y.C. claims that BHRS conditioned its services on his allowing disclosure of the information 286 Cal.Rptr.3d 449......
  • Y.C. v. Superior Court
    • United States
    • California Court of Appeals
    • November 8, 2021
    ...a "Notice of Privacy Practices" or the opportunity to object to disclosure of the assessment, as required by HIPAA's regulations. (See 45 C.F.R. §§ 164.510, 164.520.) As to CMIA, Y.C. claims that BHRS conditioned its services on his allowing disclosure of the information 286 Cal.Rptr.3d 449......
  • Gilardi v. U.S. Dep't of Health & Human Servs.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 1, 2013
    ...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 independent, third-party i......
  • Kuligoski v. Brattleboro Retreat, 14-396
    • United States
    • United States State Supreme Court of Vermont
    • September 16, 2016
    ...disclosures for involvement in an individual's care and notification purposes, citing to the provision for emergency circumstances. 45 C.F.R. § 164.510(b)(3). The majority forgets to mention that the section's primary application is for "Limited uses and disclosures when the individual is n......
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72 firm's commentaries
  • Minors' Ability to Consent to Medical Treatment Under Utah Law
    • United States
    • JD Supra United States
    • March 5, 2020
    ...nonprescription contraceptives to persons age 16 or over was unconstitutional). 1945 C.F.R. § 164.502(g). 2045 C.F.R. §§ 164.502(a), 164.510(b). 2145 C.F.R. §§ 164.506, Kristy Kimball function JDS_LoadEvent(func) { var existingOnLoad = window.onload; if (typeof window.onload != 'function') ......
  • US Outlook: Top Privacy Questions For Businesses Amid New Coronavirus Outbreak
    • United States
    • JD Supra United States
    • March 19, 2020
    ...87 Id. 88 Id. 89 Id. 90 See 45 CFR 164.510(b). 91 See 45 CFR 164.510(a). 92 See 45 CFR 164.520. 93 See 45 CFR 164.522(a). 94 See 45 CFR 164.522(b). 95 U.S. Dept. of Health & Human Servs., COVID-19 & HIPAA BulletinLimited Waiver of HIP AA Sanctions and Penalties During a Nationwide Public He......
  • Handling HIPAA Breaches: Investigating, Mitigating and Reporting
    • United States
    • JD Supra United States
    • October 22, 2018
    ...permitted if the patient has not objected and the provider otherwise determines that disclosure is in the patient’s best interest. (45 CFR 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).......
  • HHS Proposes Significant HIPAA Privacy Rule Changes: Amendments Would Increase Individual and Institutional Access and Coordination of Care
    • United States
    • JD Supra United States
    • December 14, 2020
    ...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 Federal ......
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3 books & journal articles
  • Ancillary Documents
    • United States
    • James Publishing Practical Law Books Texas Estate Planning
    • May 5, 2023
    ...is prohibited by HIPAA. The HIPAA regulations allow disclosures to which the patient has consented or has had the opportunity to object. [45 CFR §164.510.] However, problems could arise if the patient no longer has capacity to consent, or is temporarily unavailable to provide the consent. I......
  • 72 J. Kan. Bar Assn. 4, 32-43 (2003). Caught Up in the Expanding Net: Regulation of the Business Associate Under the HIPAA Privacy Regulations.
    • United States
    • Kansas Bar Journal No. 2003, January 2003
    • January 1, 2003
    ...You Want and Need: Requesting Health Information in the Year 2001 and Beyond, J. Kan. B. Ass'n., June-July 2001, at 52. See generally 45 C.F.R. § 164.510 (2002). 45 C.F.R. § 164.510(a) & (b). See generally 45 C.F.R. § 164.512 (2002). 45 C.F.R. § 164.512(a). See 45 C.F.R. § 164.501 (defi......
  • Jail and Prison Conditions
    • United States
    • ABA General Library Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers
    • August 15, 2018
    ...a client has a mental disability, it is likewise a mistake for an advocate to allow that disability to define the client entirely. 17 45 CFR 164.510 18 CFR 164.512 (k) (5). Chapter 13 • Jail and Prison Conditions 245 Legal Ethical This chapter has sought to bring the reader closer to a gene......
4 provisions
  • Chapter 37, SB 177 – Allows a person to designate a caregiver when admitted to a hospital
    • United States
    • Nevada Session Laws
    • January 1, 2015
    ...of health information relevant to the care of a patient to a person designated by the patient or the patient's representative. (45 C.F.R. 164.510(b)(1)(i)) If a patient has a designated caregiver, section 9 requires a hospital to request the written consent of the patient, the representativ......
  • Act 1013, SB 1053 – TO CREATE THE ARKANSAS LAY CAREGIVER ACT
    • United States
    • Arkansas Session Laws
    • January 1, 2015
    ...the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under 45 C.F.R. 164.510(b), as it existed on January 1, 2015.(3) "Compensation" means money or another type of property of value received by an individual in exch......
  • Act 351, SB 376 – HEALTH CARE: Creates the Louisiana Family Caregiver Act
    • United States
    • Louisiana Session Laws
    • January 1, 2016
    ...or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient pursuant to 45 C.F.R. 164.510(b), as it existed on January 1, 2015.(4) "Discharge" means a patient's release from hospital care to the patient's residence following an inpati......
  • Chapter 784, HB 1359 – Health care; consent to disclosure of records
    • United States
    • Virginia Session Laws
    • January 1, 2022
    ...with a spouse, parent, adult child, adultsibling, or other person involved in the patient's health care or payment inaccordance with 45 C.F.R. § 164.510. ...

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