42 C.F.R. § 2.62
Order not applicable to records disclosed without consent to researchers, auditors, and evaluators
A court order under the regulations in this part may not authorize persons who meet the criteria specified in §§ 2.52(a)(1)(i) through (iii) and 2.53, who have received patient identifying information without consent for the purpose of conducting research, audit, or evaluation, to disclose that information or use it to conduct any criminal investigation or prosecution of a patient. However, a court order under § 2.66 may authorize use and disclosure of records to investigate or prosecute such persons who are holding the records.
Notes of Decisions
Cited in 2
cases, 2006–2019 · leading case: United States v. Shinderman, 432 F. Supp. 2d 149 (D. Me. 2006).
United States v. Shinderman, 432 F. Supp. 2d 149 (D. Me. 2006). “42 C.F.R. § 2.62 (emphasis added). According to section 2.”
in Re Petition of Attorney Gen. for Subpoenas (Mich. Ct. App. 2019). “” 42 CFR 2.62 provides that a court “may authorize disclosure and use of records to investigate or prosecute qualified personnel holding the records” under 42 CFR 2.”
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