45 CFR 164.510 - Uses and disclosures requiring an opportunity for the individual to agree or to object

Cite as45 CFR 164.510
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111 practice notes
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2017
    • United States
    • Federal Register January 12, 2018
    • January 12, 2018
    ...Deregulatory. Legal Authority: Health Insurance Portability and Accountability (HIPAA) Act of 1996, Pub. L. 104-191 CFR Citation: 45 CFR 164.510. Legal Deadline: Abstract: The proposed rule would modify the HIPAA Privacy Rule to clarify that healthcare providers are presumed to be acting in......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 2018
    ...undetermined. Unfunded Mandates: Undetermined. E.O. 13771 Designation: Other. Legal Authority: Pub. L. 115-5, sec. 13405(c) CFR Citation: 45 CFR 164. Legal Deadline: Final, Statutory, June 1, 2010, The statutory deadline to issue a rule on accounting of disclosures was Required by the HITEC......
  • Y.C. v. Superior Court of San Mateo Cnty., A162063
    • 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., No. 13-5069
    • 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......
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29 cases
  • Y.C. v. Superior Court of San Mateo Cnty., A162063
    • 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., No. 13-5069
    • 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, No. 14-396
    • United States
    • Vermont 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......
  • Haage v. Zavala, Nos. 2-19-0499
    • United States
    • United States Appellate Court of Illinois
    • March 13, 2020
    ...or unless the use or disclosure is otherwise specifically permitted or required by the Privacy Rule. 45 C.F.R. §§ 164.502, 164.506, 164.508, 164.510, 164.512 (2018). With exceptions not relevant here, the Privacy Rule defines the term "protected health information" as "individually identifi......
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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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2 books & journal articles
  • 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 Nbr. 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
    • 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......
2 provisions
  • 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, (3) "Compensation" means money or another type of property of value received by an individual in exchange ......
  • 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, adult sibling, or other person involved in the patient's health care or payment in accordance with 45 C.F.R. § 164.510. ...

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