HHS Guidance on HIPAA Privacy

A listing and links to the guidance documents prepared by the U.S. Department of Health and Human Services to assist in understanding various provisions of the HIPAA Privacy Rule.

Business Associates
Guidance on disclosing protected health information to an entity in its role as a business associate.

Disclosures For Public Health Activities
Guidance on the circumstances under which the privacy rule permits covered entities to disclose protected health information without authorization for specified public health purposes.

A Guide for Law Enforcement
Guidance on the circumstances under which a HIPAA covered entity may disclose PHI to law enforcement.

Health Information of Deceased Individuals
Guidance on how the privacy rule permits a covered entity to disclose the relevant protected health information of the decedent to certain persons, unless doing so is inconsistent with any prior expressed preference of the deceased individual.

HIPAA Privacy in Emergency Situations
Guidance on the appropriate uses and disclosures of patient information that may be made when necessary to treat a patient, to protect the nation’s public health, and for other critical purposes.

HIPAA and Same Sex Marriage
Guidance on understanding spouse, family member and marriage in the privacy rule.

Incidental Uses and Disclosures
Guidance on the permitted incidental uses and disclosures of protected health information when the covered entity has in place reasonable safeguards and minimum necessary policies and procedures to protect an individual’s privacy.

Individuals’ Right under HIPAA to Access their Health Information
Guidance on the legal, enforceable right of patients to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.

Marketing
Guidance on how the privacy rule distinguishes marketing communications from those communications about goods and services that are essential for patient health care.

Minimum Necessary
Guidance on the minimum necessary standard that requires covered entities to evaluate their practices and enhance safeguards as needed to limit unnecessary or inappropriate access to and disclosure of protected health information.

Notice of Privacy Practices
Guidance on the requirement that health plans and covered health care providers develop and distribute a notice that provides a clear explanation of HIPAA privacy rights and practices.

Research
Guidance on the HIPAA privacy rule conditions under which protected health information may be used or disclosed by covered entities for research purposes.

Refill Reminders and Other Communications about a Drug or Biologic Currently Being Prescribed
Guidance on communications about refill reminders and other communications about a drug or biologic currently being prescribed to the individual (“refill reminder exception”).

Restrictions of Government Access to Health Information
Guidance on government agencies restrictions on the use of their PHI.

Sharing Information Related to Mental Health
Guidance as to when it is appropriate under the privacy rule for a health care provider to share the protected health information of a patient who is being treated for a mental health condition.

Student Immunizations
Guidance on the privacy rule that permits covered health care providers to disclose proof of immunization directly to a school that is required by law to have such proof prior to admitting a student, with the oral or written agreement of a parent or guardian.

Uses and Disclosures for Treatment, Payment and Health Care Operations
Guidance on privacy rule that permits a covered entity to use and disclose protected health information, with certain limits and protections, for treatment, payment, and health care operations activities.

Disclosures For Worker's Compensation Purposes
Guidance on the different ways that the privacy rules allows disclosures for worker's compensation purposes.

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