Refer to the following sections of the HIPAA privacy regulations for information regarding ‘use and disclosure’
under the rule.
You may view the regulations on line by accessing
http://www.hhs.gov/ocr/hipaa.You may also view the regulations on line by accessing the web site
of the law firm of Bricker & Eckler, LLP at
http://www.bricker.com/. This web site is made available by the Ohio Hospital Association.
Access the web site directly to perform a search of any portion of the HIPAA regulation, complete
with comments and responses.
Section 164.501 – Definitions – Designated Record Set
Section 164.501 – Definitions – Disclosure
Section 164.502(a) – Use and Disclosure for Treatment, Payment and Health Care Operations
Section 164.502(j) – Disclosures by Whistleblowers and Workforce Member Crime Victims
Section 164.506(a) – Permitted Uses and Disclosures
Section 164.508 - Uses & Disclosures for Which Individual Authorization Is Required
Section 164.508(a) – Authorizations for Uses and Disclosures
Section 164.508(b) – General Requirements for Authorizations
Section 164.510 - Uses & Disclosures Requiring an Opportunity for the Individual to Agree or Object
Section 164.510(a) – Use and Disclosure for Facility Directories
Section 164.510(b) – Uses and Disclosures for Involvement in the Individual’s Care and Notifications Purposes
Section 164.512 - Uses & Disclosures for Which Consent, Individual Authorization or Opportunity to Agree or Object is Not Required
Section 164.512(b) – Uses and Disclosures for Public Health Activities
Section 164.512© - Disclosures about Victims of Abuse, Neglect or Domestic Violence
Section 164.512(d) – Uses and Disclosures for Health Oversight Activities
Section 164.512(e) – Disclosures for Judicial and Administrative Proceedings
Section 164.512(f) – Disclosures for Law Enforcement Purposes
Section 164.512(g) – Uses and Disclosures about Decedents
Section 164.512(h) – Uses and Disclosures for Cadaveric Organ, Eye or Tissue Donation
Section 164.512(i) – Uses and Disclosures for Research Purposes
Section 164.512(j) – Uses and Disclosures to Avert a Serious Threat to Health or Safety
Section 164.512(k) – Uses and Disclosures for Specialized Government Functions
Section 164.512(l) – Disclosures for Workers’ Compensation
Section 164.514 - Other Procedural Requirements Relating to Uses and Disclosures of Protected Health Information
Section 164.514(e) – Limited Data Set
Section 164.520 - Notice of Privacy Practices for Protected Health Information
Section 164.522(a) – Right of Individual to Request Restriction of Use
Section 164.528(a) – Right to an Accounting
Section 164.528(b) – Content of the Accounting
Section 164.528(c) – Provision of the Accounting
Section 164.528(d) – Documentation of the Accounting
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Section II: Office of Civil Rights
The Office of Civil Rights within Health & Human Services has been given the
responsibility to receive complaints about possible violations of the HIPAA
privacy regulations.
The HHS has issued "guidance" to hospitals, physicians, and health plans to help them understand their obligations to
patients under HIPAA. The "Guidance" can be accessed at the following Web site.
http://www.hhs.gov/ocr/hipaa/
http://www.hhs.gov/ocr/hipaa/privacy.html
Consult this Web site routinely for updates to the Guidance. Guidance has been issued on 07/06/01 and 12/04/02.
The following is an excerpt from the Guidance relating to use and disclosure requirements.
Use & Disclosure Requirements
Section III: Web sites of interest
Workgroup for Electronic Interchange - WEDI:
http://www.wedi.org
http://www.wedi.org/snip/presentations/SNIP_Forum/Guide_010801a.pdf
(42 page document from WEDI, Beacon Partners – Health Care Management Consultants)
American Health Information Management Association - AHIMA:
http://www.ahima.org
The American Health Information Management Association web site contains useful information on a variety of HIPAA issues.
Consult this site periodically for updated information.
American Hospital Association - AHA:
http://www.aha.org
The AHA Web site contains useful information on a variety of HIPAA issues. Consult
this site periodically for updated information. Your facility must be a member of AHA to access certain pages of the
site.
HC Pro Website:
http://www.himinfo.com/howto/hipaa/resources.cfm
This page of the HC Pro web site lists web addresses pertinent to HIPAA.
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Section IV: Model forms/checklists/educational materials provided by Nebraska health care
providers.
Decision Tree – Guide to Disclosure of PHI with the Minimum Necessary Standard – Madonna Rehabilitation Hospital
Decision Tree – Guide to Disclosure of PHI with the Minimum Necessary Standard with citations to pertinent sections of HIPAA – Madonna Rehabilitation Hospital
Policy: Minimum Necessary Disclosure Policy – Madonna Rehabilitation Hospital.
Minimum Necessary – Nebraska Health System.
Disclosures to Court Administration – Creighton University Hospital
Disclosures for Deceased Individuals – Nebraska Methodist Hospital
Flow Chart - Legal Proceedings
Sample - Protective Order
Sample - Written Assurances
Use & Disclosure of PHI for Judicial and Administrative
Proceedings - Creighton University Health System and Nebraska Health System
AHIMA
Practice Brief - Understanding the Minimum Necessary Standard
AHIMA Pracitce Brief - Regulations Governing Research
AHIMA Practice Brief - Defining the Designated Record Set
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