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    HIPAA Privacy Regulations: Uses and Disclosures of Protected Health Information Subject to an Agreed Upon Restriction - § 164.502(c)

    As Contained in the HHS HIPAA Privacy Rules

     

    HHS Regulations
    Uses and Disclosures of Protected Health Information Subject to an Agreed Upon Restriction - § 164.502(c)

     

    Standard: uses and disclosures of protected health information subject to an agreed upon restriction. A covered entity that has agreed to a restriction pursuant to § 164.522(a)(1) may not use or disclose the protected health information covered by the restriction in violation of such restriction, except as otherwise provided in § 164.522(a).

     

    HHS Description
    Uses and Disclosures of Protected Health Information Subject to an Agreed Upon Restriction

     

    The proposed rule would have required that covered health care providers permit individuals to request restrictions of uses and disclosures of protected health information and would have prohibited covered providers from using or disclosing protected health information in violation of any agreed-to restriction.

    The final rule retains an individual's right to request restrictions on uses or disclosures for treatment, payment or health care operations and prohibits a covered entity from using or disclosing protected health information in a way that is inconsistent with an agreed upon restriction between the covered entity and the individual, but makes some changes to this right. Most significantly, under the final rule individuals have the right to request restrictions of all covered entities. This standard is set forth in § 164.522. Details about the changes to the standard are explained in the preamble discussion to § 164.522.

     

    HHS Response to Comments Received
    Uses and Disclosures of Protected Health Information Subject to an Agreed Upon Restriction

     

    Comments on the agreed upon restriction standard are addressed in the preamble to § 164.522(a).