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42 U.S.C. § 17934 — Education on health information privacy

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17934 — Education on health information privacy

**(a) Regional office privacy advisors** Not later than 6 months after February 17, 2009, the Secretary shall designate an individual in each regional office of the Department of Health and Human Services to offer guidance and education to covered entities, business associates, and individuals on their rights and responsibilities related to Federal privacy and security requirements for protected health information. **(b) Education initiative on uses of health information** Not later than 12 months after February 17, 2009, the Office for Civil Rights within the Department of Health and Human Services shall develop and maintain a multi-faceted national education initiative to enhance public transparency regarding the uses of protected health information, including programs to educate individuals about the potential uses of their protected health information, the effects of such uses, and the rights of individuals with respect to such uses. Such programs shall be conducted in a variety of languages and present information in a clear and understandable manner.

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Source file: Laws/federal/codes/united-states-code/title-42/section-17934-education-on-health-information-privacy--013b766cb8.md
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Source location: Title 42, Chapter 156, § 17934; chapter-156-health-information-technology.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17931 — Definitions

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 11 So in original. Probably should be followed by “the”. 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 “

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17934 — Application of privacy provisions and

Page 9072 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17934 develop and maintain a multi-faceted national education initiative to enhance public trans- parency regarding the uses of protected health information, including programs to educate in- dividuals about the potential uses of their pro- tected health information, the effects of such uses, and the rights of individuals with respect to such uses. Such programs shall be conducted in a variety of languages and present informa- tion in a clear and understandable manner. (Pub. L. 111–5, div. A, title XIII, § 13403, Feb. 17, 2009, 123 Stat. 263.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title. § 17934. Application of privacy provisions and penalties to business associates of covered entities (a) Application of contract requirements In the case of a business associate of a covered entity that obtains or creates protected health information pursuant to a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regula- tions, with such covered entity, the business as- sociate may use and disclose such protected health information only if such use or disclo- sure, respectively, is in compliance with each applicable requirement of section 164.504(e) of such title. The additional requirements of this subchapter that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to such a business asso- ciate and shall be incorporated into the business associate agreement between the business asso- ciate and the covered e

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