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However, there are exceptions to when the disclosure of PHI can be inspected. This includes specific conditions among law enforcement, judicial and administrative proceedings, parents, significant others, public health, health research, and commercial marketing. [17]
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy–Kassebaum Act [1] [2]) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. [3]
Examples of these exceptions are: [3] For statistical purposes by the Census Bureau and the Bureau of Labor Statistics; For routine uses within a U.S. government agency; For archival purposes "as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government" For law enforcement ...
According to HIPAA Journal, the law applies to “the majority of workers, most health insurance providers, and employers who sponsor or co-sponsor employee health insurance plans.”
For example, sharing information about someone on the street with an obvious medical condition such as an amputation is not restricted by U.S. law. However, obtaining information about the amputation exclusively from a protected source, such as from an electronic medical record, would breach HIPAA regulations. Business Associates
Research — This exception allows disclosure to researchers conducting certain types of research projects. If protected health information is involved, the HIPAA privacy and security rules also apply. Food and Drug Administration (FDA) — PSWP may be disclosed to the FDA By a provider concerning an FDA-regulated product or activity,
Signed in law on August 21, 1996, Health Insurance Portability and Accountability Act (HIPAA) is a piece of legislation passed in the United States that limits the amount and types of information that can be collected and stored by healthcare providers.
The law was the first in the nation to regulate consumer health data not protected by HIPAA. [46] The law requires companies to obtain prior authorization to obtain, share, or sell health data, including data that can be used to infer or linked to health status, such as purchasing medications or digestion tracking.
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