§ 17921. Definitions
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/usc/title-42/section-17921A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subchapter, except as specified otherwise:
(1)Breach
(A)In general The term “breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.
(B)Exceptions The term “breach” does not include—
(i)any unintentional acquisition, access, or use of protected health information by an employee or individual acting under the authority of a covered entity or business associate if—
(I)such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate; and
(II)such information is not further acquired, accessed, used, or disclosed by any person; or
(ii)any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at 1 same facility; and
(iii)any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person.
(2)Business associate The term “business associate” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(3)Covered entity The term “covered entity” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(4)Disclose The terms “disclose” and “disclosure” have the meaning given the term “disclosure” in section 160.103 of title 45, Code of Federal Regulations.
(5)Electronic health record The term “electronic health record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
(6)Health care operations The term “health care operation” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(7)Health care provider The term “health care provider” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(8)Health plan The term “health plan” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(9)National Coordinator The term “National Coordinator” means the head of the Office of the National Coordinator for Health Information Technology established under section 300jj–11(a) of this title, as added by section 13101.2
(10)Payment The term “payment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(11)Personal health record The term “personal health record” means an electronic record of PHR identifiable health information (as defined in section 17937(f)(2) of this title) on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or primarily for the individual.
(12)Protected health information The term “protected health information” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(13)Secretary The term “Secretary” means the Secretary of Health and Human Services.
(14)Security The term “security” has the meaning given such term in section 164.304 of title 45, Code of Federal Regulations.
(15)State The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
(16)Treatment The term “treatment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(17)Use The term “use” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(18)Vendor of personal health records The term “vendor of personal health records” means an entity, other than a covered entity (as defined in paragraph (3)), that offers or maintains a personal health record.
(Pub. L. 111–5, div. A, title XIII, § 13400, Feb. 17, 2009, 123 Stat. 258.)
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- Sec. 2Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments
- Sec. 111Excluded business entities
- Sec. 1Accessing, sharing, and using health data for research purposes
- Sec. 403Confidentiality of records
- Sec. 201Purpose and applicability of consumer privacy and data security program
- Sec. 211Notice to individuals
- Sec. 1124Accessing, sharing, and using health data for research purposes
- Sec. 1124Accessing, sharing, and using health data for research purposes
- Sec. 1124Accessing, sharing, and using health data for research purposes
- Sec. 1124Accessing, sharing, and using health data for research purposes
- Sec. 201Purpose and applicability of consumer privacy and data security program
- Sec. 211Notice to individuals
- Sec. 2Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments
- Sec. 2Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments
- Sec. 301Clarification of circumstances under which disclosure of protected health information of mental illness patients is permitted
- Sec. 3Treatment of certain HIPAA-related activities of health care clearinghouses
- Sec. 2Confidentiality of records
- Sec. 2Confidentiality of records
- Sec. 2Promotion of access to data, via research and user friendly presentations and applications
- Sec. 12Excluded business entities
- Sec. 5Excluded entities
- Sec. 201Purpose and applicability of consumer privacy and data security program
- Sec. 211Notice to individuals
- Sec. 2Promotion of access to data, via research and user friendly presentations and applications
- Sec. 201Purpose and applicability of consumer privacy and data security program
- Sec. 211Notice to individuals; protection
- Sec. 4Promulgation of regulations for operators of consumer devices, services, applications, and software
- Sec. 2Grant program for digital contact tracing for COVID–19
- Sec. 3Definitions
- Sec. 2Grant program for digital contact tracing for COVID–19
- Sec. 2Grant program for digital contact tracing for COVID–19
- Sec. 2Grant program for digital contact tracing for COVID–19
- Sec. 4Promulgation of regulations for operators of consumer devices, services, applications, and software
- Sec. 118Relation to other laws
- Sec. 8Enhancing recognition of security practices
- Sec. 8Enhancing recognition of security practices
- Sec. 14Relationship to Federal laws
- Sec. 8Enhancing recognition of security practices
6 references not yet in our index
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- 2
- Pub. L. 111–5, div. A, title XIII, § 13400
- 123 Stat. 258
- Pub. L. 111–5
- section 13101 of div. A of Pub. L. 111–5
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§ 17921
Definitions
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Fed. Reg.×22
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Pub. L.Pub. L. 111–5, div. A, title XIII, § 13400
Stat.123 Stat. 258
Pub. L.Pub. L. 111–5
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