(a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to the following entities:
(1) A health plan.
(2) A health care clearinghouse.
(3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.
(b) Where provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to a business associate.
(c) To the extent required under the Social Security Act, 42 U.S.C. 1320a-7c(a)(5), nothing in this subchapter shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978, as amended (5 U.S.C. App.).
[65 FR 82798, Dec. 28, 2000, as amended at 67 FR 53266, Aug. 14, 2002; 78 FR 5687, Jan. 25, 2013]
Notes of Decisions
Cited in
47
cases (
18 in the last 5 years), 2001–2026 · leading case:
State v. Straehler, 2008 WI App 14 (Wis. Ct. App. 2007).
State v. Straehler, 2008 WI App 14 (Wis. Ct. App. 2007).
· cites it 4× “See 45 C.F.R. §§ 160.102 (a), 164.104(a). ¶ 6.”
United States Ex Rel. Zizic v. Q2Administrators, LLC, 728 F.3d 228 (3rd Cir. 2013).
“Second, it is true that the ALJ records are restricted by HIPAA, 45 C.F.R. § 160.102 , and that HIPAA generally prohibits the disclosure of protected health information (“PHI”), § 164.”
State v. Downs, 923 So. 2d 726 (La. Ct. App. 2005).
· cites it 2× “See 45 C.F.R. §§ 160.102 and 164.104. These regulations provide limited circumstances when disclosures are permitted for judicial and administrative proceedings.”
Tapp v. State, 108 S.W.3d 459 (Tex. App. 2003).
“45 C.F.R. §§ 160.102 , 160.103 (2002). 6 .”
State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009).
“HIPAA addresses privacy in “protected health information” by regulating the release of such information by specified “covered entities:” health plans, health care clearinghouses, and certain health care providers.”
United States v. Elliott, 676 F. Supp. 2d 431 (D. Maryland 2009).
“45 CFR §§ 160.102 , 164.104. “Protected health information” includes all individual *437 ly identifiable health information maintained or transmitted in any form, as well as any oral statement made about medical treatment or conditions.”
Wellstar Health Sys., Inc. v. Jordan, 743 S.E.2d 375 (Ga. 2013).
“45 CFR §§ 160.102 , 160.103 and 164.104. Consistent with its purpose to protect the privacy of health information, HIPAA mandates disclosures only in very limited circumstances.”
State Farm Mut. Auto. Ins. v. Kugler, 840 F. Supp. 2d 1323 (S.D. Fla. 2011).
“See 45 C.F.R. §§ 160.102 , 160.103. Law firms who are not representing covered entities are not regulated under HIPAA.”
Petta v. Christie Bus. Holding Co., 2023 IL App (5th) 220742 (Ill. App. Ct. 2023).
“§ 45 (2018)), negligence per se based on the Health Insurance Portability and Accountability Act of 1996 ( 45 C.F.R. § 160.102 (2013)), violation of the Personal Information Protection Act (815 ILCS 530/10 (West 2020)), and injunctive relief.”
— 45 C.F.R. § 160.102(a)(3) — 2 cases
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