42 CFR Part 2 stipulates the right of an individual who has applied for or
been given diagnosis or treatment for alcohol or drug abuse at a federally
assisted program.
Section 13405(a) of the Health Information Technology for Economic and
Clinical Health Act (HITECH) stipulates the right of an individual to have
disclosures regarding certain health care items or services for which the
individual pays out of pocket in full restricted from a health plan.
Title 38 Part 1-protected information may only be disclosed to a third party
with the special written consent of the patient except where expressly
authorized by 38 USC 7332.
Definition: A jurisdictional mandate in the U.S. relating to privacy.
Usage Note: ActPrivacyLaw codes may be associated with an Act or a Role to
indicate the legal provision to which the assignment of an
Act.confidentialityCode or Role.confidentialtyCode complies. May be used to
further specify rationale for assignment of other ActPrivacyPolicy codes in
the US realm, e.g., ETH and 42CFRPart2 can be differentiated from ETH and
Title38Part1.
42 CFR Part 2 stipulates the right of an individual who has applied for or
been given diagnosis or treatment for alcohol or drug abuse at a federally
assisted program.
Definition: Non-disclosure of health information relating to health care paid
for by a federally assisted substance abuse program without patient consent.
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialityCode complies.
U.S. Federal regulations governing the protection of human subjects in
research (codified at Subpart A of 45 CFR part 46) that has been adopted by
15 U.S. Federal departments and agencies in an effort to promote uniformity,
understanding, and compliance with human subject protections. Existing
regulations governing the protection of human subjects in Food and Drug
Administration (FDA)-regulated research (21 CFR parts 50, 56, 312, and 812)
are separate from the Common Rule but include similar requirements.
Definition: U.S. federal laws governing research-related privacy policies.
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialtyCode complies.
The U.S. Public Law 104-191 Health Insurance Portability and Accountability
Act (HIPAA) Privacy Rule (45 CFR Part 164 Subpart E) permits access, use and
disclosure of certain personal health information (PHI as defined under the
law) for purposes of Treatment, Payment, and Operations, and requires that
the provider ask that patients acknowledge the Provider's Notice of Privacy
Practices as permitted conduct under the law.
Definition: Notification of HIPAA Privacy Practices.
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialtyCode complies.
The U.S. Public Law 104-191 Health Insurance Portability and Accountability
Act (HIPAA) Privacy Rule (45 CFR Part 164 Section 164.508) requires
authorization for certain uses and disclosure of psychotherapy notes.
Definition: Authorization that must be obtained for disclosure of
psychotherapy notes.
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialityCode complies.
Section 13405(a) of the Health Information Technology for Economic and
Clinical Health Act (HITECH) stipulates the right of an individual to have
disclosures regarding certain health care items or services for which the
individual pays out of pocket in full restricted from a health plan.
Definition: Non-disclosure of health information to a health plan relating to
health care items or services for which an individual pays out of pocket in
full.
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialityCode complies.
Title 38 Part 1-protected information may only be disclosed to a third party
with the special written consent of the patient except where expressly
authorized by 38 USC 7332. VA may disclose this information for specific
purposes to: VA employees on a need to know basis - more restrictive than
Privacy Act need to know; contractors who need the information in order to
perform or fulfill the duties of the contract; and researchers who provide
assurances that the information will not be identified in any report. This
information may also be disclosed without consent where patient lacks
decision-making capacity; in a medical emergency for the purpose of treating
a condition which poses an immediate threat to the health of any individual
and which requires immediate medical intervention; for eye, tissue, or organ
donation purposes; and disclosure of HIV information for public health
purposes.
Definition: Title 38 Part 1 - §1.462 Confidentiality restrictions.
(a) General. The patient records to which §§1.460 through 1.499 of this
part apply may be disclosed or used only as permitted by these regulations
and may not otherwise be disclosed or used in any civil, criminal,
administrative, or legislative proceedings conducted by any Federal, State,
or local authority. Any disclosure made under these regulations must be
limited to that information which is necessary to carry out the purpose of
the disclosure. SUBCHAPTER III--PROTECTION OF PATIENT RIGHTS Sec. 7332.
Confidentiality of certain medical records (a)(1) Records of the identity,
diagnosis, prognosis, or treatment of any patient or subject which are
maintained in connection with the performance of any program or activity
(including education, training, treatment, rehabilitation, or research)
relating to drug abuse, alcoholism or alcohol abuse, infection with the human
immunodeficiency virus, or sickle cell anemia which is carried out by or for
the Department under this title shall, except as provided in subsections (e)
and (f), be confidential, and (section 5701 of this title to the contrary
notwithstanding) such records may be disclosed only for the purposes and
under the circumstances expressly authorized under subsection (b).
Usage Note: May be associated with an Act or a Role to indicate the legal
provision to which the assignment of an Act.confidentialityCode or
Role.confidentialityCode complies.
Returns the enum constant of this type with the specified name.
The string must match exactly an identifier used to declare an
enum constant in this type. (Extraneous whitespace characters are
not permitted.)
Parameters:
name - the name of the enum constant to be returned.
