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42 U.S.C. § 17952 — Relationship to other laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of HIPAA State preemption** Section 1178 of the Social Security Act ([42 U.S.C. 1320d–7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-7&num=0&edition=prelim)) shall apply to a provision or requirement under this subchapter in the same manner that such section applies to a provision or requirement under part C of title XI of such Act [[42 U.S.C. 1320d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d&num=0&edition=prelim) et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [[42 U.S.C. 1320d–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-1&num=0&edition=prelim) to 1320d–3].
**(b) Health Insurance Portability and Accountability Act of 1996** The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subchapter. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subchapter.
**(c) Construction** Nothing in this subchapter shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.
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Source location: Title 42, Chapter 156, § 17952; chapter-156-health-information-technology.md
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**(a) Application of HIPAA State preemption** Section 1178 of the Social Security Act ([42 U.S.C. 1320d–7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-7&num=0&edition=prelim)) shall apply to a provision or requirement under this subchapter in the same manner that such section applies to a provision or requirement under part C of title XI of such Act [[42 U.S.C. 1320d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d&num=0&edition=prelim) et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [[42 U.S.C. 1320d–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-1&num=0&edition=prelim) to 1320d–3].
**(b) Health Insurance Portability and Accountability Act of 1996** The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subchapter. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subchapter.
**(c) Construction** Nothing in this subchapter shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.
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Federal law — U.S. Code and appendices · legal_authorities
Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) **Code set** — The term “code set” means any set of codes used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes.
(2) **Health care clearinghouse** — The term “health care clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements.
(3) **Health care provider** — The term “health care provider” includes a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/u&num=0&edition=prelim)), a provider of medical or other health services (as defined in [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim)), and any other person furnishing health care services or supplies.
(4) **Health information** — The term “health information” means any information, whether oral or recorded in any form or medium, that—
(A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and
(B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.
(5) **Health plan** — The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-9
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Federal law — U.S. Code and appendices · legal_authorities
Page 2746
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1320c–20
1 So in original. Probably should be ‘‘Part’’.
tions between Professional Standards Review Organiza-
tions and administrative instrumentalities.
Section 1320c–15, act Aug. 14, 1935, ch. 531, title XI,
§ 1166, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L.
95–142, § 5(h), 91 Stat. 1189, related to general prohibi-
tion against disclosure of data or information and ex-
ceptions to such prohibition. See section 1320c–9 of this
title.
Section 1320c–16, act Aug. 14, 1935, ch. 531, title XI,
§ 1167, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L.
95–142, § 5(i), (n), 91 Stat. 1190, 1191, related to limitation
of liability of persons providing information to Profes-
sional Standards Review Organizations and Statewide
Professional Standards Review Councils. See section
1320c–6 of this title.
Section 1320c–17, act Aug. 14, 1935, ch. 531, title XI,
§ 1168, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1444; amended Dec. 31, 1975, Pub. L.
94–182, title I, § 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L.
95–142, § 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97–35,
title XXI, § 2113(j), 95 Stat. 795, related to authorization
for use of funds for administering professional review
program, transfer of moneys between funds, and pay-
ments for Professional Standards Review Organiza-
tions. See section 1320c–8 of this title.
Section 1320c–18, act Aug. 14, 1935, ch. 531, title XI,
§ 1169, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1444, related to technical assistance
given to organizations desiring to be designated as Pro-
fessional Stand
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1320d
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Federal law — U.S. Code and appendices · legal_authorities
Page 9079
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 17953
chapter. For complete classification of subtitle D to
the Code, see Tables.
The Social Security Act, referred to in subsec. (a), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI
of the Act is classified generally to part C (§ 1320d et
seq.) of subchapter XI of chapter 7 of this title. For
complete classification of this Act to the Code, see sec-
tion 1305 of this title and Tables.
The Health Insurance Portability and Accountability
Act of 1996, referred to in subsec. (b), is Pub. L. 104–191,
Aug. 21, 1996, 110 Stat. 1936. Section 262(a) of the Act en-
acted sections 1320d to 1320d–8 of this title. Section 264
of the Act is set out as a note under section 1320d–2 of
this title. For complete classification of this Act to the
Code, see Short Title of 1996 Amendments note set out
under section 201 of this title and Tables.
§ 17952. Regulatory references
Each reference in this subchapter to a provi-
sion of the Code of Federal Regulations refers to
such provision as in effect on February 17, 2009
(or to the most recent update of such provision).
(Pub. L. 111–5, div. A, title XIII, § 13422, Feb. 17,
2009, 123 Stat. 276.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in text, was in the origi-
nal ‘‘this subtitle’’, meaning subtitle D (§ 13400 et seq.)
of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123
Stat. 258, which is classified principally to this sub-
chapter. For complete classification of subtitle D to
the Code, see Tables.
§ 17953. Studies, reports, guidance
(a) Report on compliance
(1) In general
For the first year beginning after February
17, 2009, and annually thereafter, the Secretary
shall prepare and submit to the Committee on
Health
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