C.F.R. » Title 45 » SUBCHAPTER C—ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS › PART 164—SECURITY AND PRIVACY › Subpart A—General Provisions

45 C.F.R. § 164.102

Statutory basis

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The provisions of this part are adopted pursuant to the Secretary's authority to prescribe standards, requirements, and implementation specifications under part C of title XI of the Act, section 264 of Public Law 104-191, and sections 13400-13424 of Public Law 111-5.

[78 FR 5692, Jan. 25, 2013]
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2003–2026 · leading case: Seebold v. Prison Health Servs., Inc., 57 A.3d 1232 (Pa. 2012).
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Seebold v. Prison Health Servs., Inc., 57 A.3d 1232 (Pa. 2012). “Soc’y at 32 (discussing the privacy rule embodied in federal regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, see 45 C.F.R. §§ 164.102 , et seq.). See generally Brief for Amicus Pa.”
State v. Siegel, 136 P.3d 1214 (Or. Ct. App. 2006). “7 The amendments to the particular privacy regulations apparently at issue in this case, 45 CFR §§ 164.102 to 164.534, were published on August 14,2002.”
Barahona v. State, 172 So. 3d 470 (Fla. 3d DCA 2015). “45 C.F.R. §§ 164.102 -. 106 (2015). 5 . The State has also filed a response, but has taken no position relating to Mr.”
Deisy Granados v. Pan Am. Life Ins. Co. (N.J. Super. Ct. App. Div. 2026). · cites it 3× “Specifically, she asserted 45 C.F.R. § 164.102 establishes defendants Hola Doctor and Pan American are covered entities subject to HIPAA.”
Am. Hosp. Ass'n v. Becerra (N.D. Tex. 2024). · cites it 2× “Break that down to see through the euphemism. The Department says certain actions “may be prudent” .”
Klug v. Marshall Univ. Bd. of Governors (S.D.W. Va 2021). “See 45 C.F.R. §164.102 et. seq. Most mental health care records are treated like any other health care record under HIPAA.”
Harmon, Derek v. State (Tex. App. 2003). “45 C.F.R. § 164.102 (2002). Even if HIPAA imposed a new statutory right of privacy that trumps the State's power to issue grand-jury subpoenas in a criminal investigation, disclosure of medical records under HIPAA is permissible without an individual's permission when the…”
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