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The Privacy Rule (45 CFR Part 160 and Subparts A and E of Part 164) provides the first comprehensive Federal protection for the privacy of health information. All segments of the health care industry have expressed support for the objective of enhanced patient privacy in the health care system.
A covered entity is permitted, but not required, to use and disclose protected health information, without an individuals authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3)
HB300 expanded the definition of covered entities (healthcare providers, health plans, and healthcare clearing houses) to include ANY person who assembles, collects, analyzes, uses, evaluates, stores, or transmits protected health information (PHI) in any form.
In general, an HB 300-covered entity may not electronically disclose an individuals protected health information to any person without a separate authorization from the individual or the individuals legally authorized representative for each disclosure.
The HIPAA Privacy Rule covers protected health information (PHI) in any medium, while the HIPAA Security Rule covers electronic protected health information (e-PHI). HIPAA Rules have detailed requirements regarding both privacy and security.