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SECTION-BY-SECTION COMPILATION OF DOCUMENTATION PERTAINING TO THE FINAL HIPAA PRIVACY REGULATIONS

Included here is a section-by-section compilation of the documentation within the final HIPAA privacy regulations, including the revisions of August 14, 2002 and the security regulations released in February 2003. Collected in one place are regulations, the HHS description, and the HHS response to comments received regarding that particular section of the regulations.

INTRODUCTORY MATERIAL

PART 160 GENERAL ADMINISTRATIVE REQUIREMENTS

PART 164 SECURITY AND PRIVACY

Definitions
Section 164.501

Correctional Institution
Data Aggregation
Designated Record Set
Direct Treatment Relationship
Health Care Operations
Health Oversight Agency
Indirect Treatment Relationship
Inmate
Marketing
Payment
Psychotherapy Notes
Public Health Authority
Research
Treatment

General Rules for Uses and Disclosures of Protected Health Information
Section 164.502

Use and Disclosure for Treatment, Payment and Health Care Operations - (a)
Minimum Necessary - (b)
Uses and Disclosures of Protected Health Information Subject to an Agreed Upon Restriction - (c)
Creation of De-Identified Information - (d)
Disclosures to Business Associates - (e)
Deceased Individuals - (f)
Personal Representatives - (g)
Confidential Communications - (h)
Uses and Disclosures Consistent With Notice (i)
Disclosures by Whistleblowers and Workforce Member Crime Victims - (j)

Uses and Disclosures to Carry Out Treatment, Payment or Health Care Operations
Section 164.506

Permitted Uses and Disclosures - (a)
Consent for Uses and Disclosures Permitted - (b)
Treatment, Payment, or Health Care Operations - (c)

Authorizations for Uses and Disclosures - (a)
General Requirements - (b)
Core Elements and Requirements - (c)

Uses and Disclosures Requiring an Opportunity for the Individual to Agree or to Object
Section 164.510

General Rule
Use and Disclosure for Facility Directories - (a)
Uses and Disclosures for Involvement in the Individual's Care and Notification Purposes - (b)

General Rule
Uses and Disclosures Required By Law - (a)
Uses and Disclosures for Public Health Activities - (b)
Disclosures About Victims of Abuse, Neglect or Domestic Violence - (c)
Uses and Disclosures for Health Oversight Activities - (d)
Disclosures for Judicial and Administrative Proceedings - (e)
Disclosures for Law Enforcement Purposes - (f)
Uses and Disclosures about Decedents - (g)
Uses and Disclosures for Cadaveric Organ, Eye, Tissue Donation - (h)
Uses and Disclosures for Research Purposes - (i)
Uses and Disclosures to Avert a Serious Threat to Health or Safety - (j)
Uses and Disclosures For Specialized Government Functions - (k)
Disclosures for Workers' Compensation - (l)

De-Identification of Protected Health Information - (a)
Requirements for De-Identification of Protected Health Information - (b)
Re-Identification - (c)
Minimum Necessary Requirements - (d)
Limited Data Set - (e)
Fundraising - (f)
Underwriting - (g)
Verification Requirements - (h)

Right to Notice of Privacy Practices - (a)
Content of Notice of Privacy Practices - (b)
Provision of Notice of Privacy Practices - (c)
Joint Notice by Separate Covered Entities - (d)
Documentation of Notice - (e)

Right of an Individual to Request Restriction of Uses and Disclosures - (a)
Confidential Communications Requirements - (b)

Access to Protected Health Information - (a)
Requests for Access and Timely Action - (b)
Provision of Access - (c)
Denial of Access - (d)
Documentation - (e)

Right to Amend - (a)
Requests for Amendment and Timely Action - (b)
Accepting the Amendment - (c)
Denying the Amendment - (d)
Actions on Notices of Amendment - (e)
Documentation - (f)

Right to an Accounting - (a)
Content of the Accounting - (b)
Provision of the Accounting - (c)
Documentation - (d)

Personnel Designations - (a)
Training - (b)
Safeguards - (c)
Complaints to the Covered Entity - (d)
Sanctions - (e)
Mitigation - (f)
Refraining from Intimidating or Retaliatory Acts -(g)
Waiver of Rights - (h)
Policies and Procedures (i)
Documentation - (j)
Group Health Plans - (k)