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42 U.S.C. § 290dd–2 — Confidentiality of records

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

42 U.S.C. § 290dd–2 — Confidentiality of records

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Source file: Laws/federal/codes/united-states-code/title-42/section-290dd2-confidentiality-of-records--503d87cc34.md
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Source location: Title 42, Chapter 6A, § 290dd–2; chapter-6a-public-health-service.md

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**(a) Requirement** Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). **(b) Permitted disclosure** (1) **Consent** — The following shall apply with respect to the contents of any record referred to in subsection (a): (A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained. (B) Once prior written consent of the patient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, payment, and health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed in accordance with the HIPAA regulations. [Section 17935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17935/c&num=0&edition=prelim) shall apply to all disclosures pursuant to subsection (b)(1) of this section. (C) It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care operations, until such time as the patient revokes such consent in writing. (D) [Section 17935(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17935/a&num=0&edition=prelim) shall apply to all disclosures pursuant to subsection (b)(1) of this section. (2) **Method for disclosure** — Whether or not the patient, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed as follows: (A) To medical personnel to the extent necessary to meet a bona fide medical emergency. (B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner. (C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. (D) To a public health authority, so long as such content meets the standards established in section 164.514(b) of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information. **(c) Use of records in criminal, civil, or administrative contexts** Except as otherwise authorized by a court order under subsection (b)(2)(C) or by the consent of the patient, a record referred to in subsection (a), or testimony relaying the information contained therein, may not be disclosed or used in any civil, criminal, administrative, or legislative proceedings conducted by any Federal, State, or local authority, against a patient, including with respect to the following activities: (1) Such record or testimony shall not be entered into evidence in any criminal prosecution or civil action before a Federal or State court. (2) Such record or testimony shall not form part of the record for decision or otherwise be taken into account in any proceeding before a Federal, State, or local agency. (3) Such record or testimony shall not be used by any Federal, State, or local agency for a law enforcement purpose or to conduct any law enforcement investigation. (4) Such record or testimony shall not be used in any application for a warrant. **(d) Application** The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when such individual ceases to be a patient. **(e) Nonapplicability** The prohibitions of this section do not apply to any interchange of records— (1) within the Uniformed Services or within those components of the Department of Veterans Affairs furnishing health care to veterans; or (2) between such components and the Uniformed Services. The prohibitions of this section do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities. **(f) Penalties** The provisions of sections 1176 and 1177 of the Social Security Act [[42 U.S.C. 1320d–5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-5&num=0&edition=prelim), 1320d–6] shall apply to a violation of this section to the extent and in the same manner as such provisions apply to a violation of 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.]. In applying the previous sentence— (1) the reference to “this subsection” in subsection (a)(2) of such section 1176 shall be treated as a reference to “this subsection (including as applied pursuant to [section 290dd–2(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290dd–2/f&num=0&edition=prelim))”; and (2) in subsection (b) of such section 1176— (A) each reference to “a penalty imposed under subsection (a)” shall be treated as a reference to “a penalty imposed under subsection (a) (including as applied pursuant to [section 290dd–2(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290dd–2/f&num=0&edition=prelim))”; and (B) each reference to “no damages obtained under subsection (d)” shall be treated as a reference to “no damages obtained under subsection (d) (including as applied pursuant to [section 290dd–2(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290dd–2/f&num=0&edition=prelim))”. **(g) Regulations** Except as provided in subsection (h), the Secretary shall prescribe regulations to carry out the purposes of this section. Such regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2)(C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. **(h) Application to Department of Veterans Affairs** The Secretary of Veterans Affairs, acting through the Under Secretary for Health, shall, to the maximum feasible extent consistent with their responsibilities under title 38, prescribe regulations making applicable the regulations prescribed by the Secretary of Health and Human Services under subsection (g) to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from substance use disorder. In prescribing and implementing regulations pursuant to this subsection, the Secretary of Veterans Affairs shall, from time to time, consult with the Secretary of Health and Human Services in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe. **(i) Antidiscrimination** (1) **In general** — No entity shall discriminate against an individual on the basis of information received by such entity pursuant to an inadvertent or intentional disclosure of records, or information contained in records, described in subsection (a) in— (A) admission, access to, or treatment for health care; (B) hiring, firing, or terms of employment, or receipt of worker’s compensation; (C) the sale, rental, or continued rental of housing; (D) access to Federal, State, or local courts; or (E) access to, approval of, or maintenance of social services and benefits provided or funded by Federal, State, or local governments. (2) **Recipients of Federal funds** — No recipient of Federal funds shall discriminate against an individual on the basis of information received by such recipient pursuant to an intentional or inadvertent disclosure of such records or information contained in records described in subsection (a) in affording access to the services provided with such funds. **(j) Notification in case of breach** The provisions of [section 17932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17932&num=0&edition=prelim) shall apply to a program or activity described in subsection (a), in case of a breach of records described in subsection (a), to the same extent and in the same manner as such provisions apply to a covered entity in the case of a breach of unsecured protected health information. **(k) Definitions** For purposes of this section: (1) **Breach** — The term “breach” has the meaning given such term for purposes of the HIPAA regulations. (2) **Business associate** — The term “business associate” has the meaning given such term for purposes of the HIPAA regulations. (3) **Covered entity** — The term “covered entity” has the meaning given such term for purposes of the HIPAA regulations. (4) **Health care operations** — The term “health care operations” has the meaning given such term for purposes of the HIPAA regulations. (5) **HIPAA regulations** — The term “HIPAA regulations” has the meaning given such term for purposes of parts 160 and 164 of title 45, Code of Federal Regulations. (6) **Payment** — The term “payment” has the meaning given such term for purposes of the HIPAA regulations. (7) **Public health authority** — The term “public health authority” has the meaning given such term for purposes of the HIPAA regulations. (8) **Treatment** — The term “treatment” has the meaning given such term for purposes of the HIPAA regulations. (9) **Unsecured protected health information** — The term “unprotected 11 So in original. health information” has the meaning given such term for purposes of the HIPAA regulations.

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

38 U.S.C. § 111 — Payments or allowances for beneficiary travel

**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. **(b)** (1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible: (A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability. (B) A veteran with a service-connected disability rated at 30 percent or more. (C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim). (D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti

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

42 U.S.C. § 236 — Administration of grants in multigrant projects; promulgation of regulations

For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII,11 See References in Text note below. and sections 242b, 246(a), 246(b), 246(c), 246(d),1 and 246(e) 1 of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations— (1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; (2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and (3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law.

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

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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

42 U.S.C. § 1320d — Definitions

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

42 U.S.C. § 17932 — Application of security provisions and penalties to business associates of covered entities; annual guidance on security provisions

**(a) Application of security provisions** Sections 164.308, 164.310, 164.312, and 164.316 of title 45, Code of Federal Regulations, shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The additional requirements of this title 11 See References in Text note below. that relate to security and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity. **(b) Application of civil and criminal penalties** In the case of a business associate that violates any security provision specified in subsection (a), sections 1320d–5 and 1320d–6 of this title shall apply to the business associate with respect to such violation in the same manner such sections apply to a covered entity that violates such security provision. **(c) Annual guidance** For the first year beginning after February 17, 2009, and annually thereafter, the Secretary of Health and Human Services shall, after consultation with stakeholders, annually issue guidance on the most effective and appropriate technical safeguards for use in carrying out the sections referred to in subsection (a) and the security standards in subpart C of part 164 of title 45, Code of Federal Regulations, including the use of standards developed under section 300jj–12(b)(2)(B)(vi) 1 of this title, as added by section 13101 of this Act, as such provisions are in effect as of the date before February 17, 2009.

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

5 U.S.C. § 7361 — Drug abuse

**(a)** The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. **(b)** Section 527 11 See References in Text note below. of the Public Health Service Act ([42 U.S.C. 290ee–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290ee–3&num=0&edition=prelim)), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. **(c)** Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under [section 7363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7363&num=0&edition=prelim). **(d)** For the purpose of this section, the term “agency” means an Executive agency.

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

5 U.S.C. § 7362 — Alcohol abuse and alcoholism

**(a)** The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. **(b)** Section 523 11 See References in Text note below. of the Public Health Service Act ([42 U.S.C. 290dd–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290dd–3&num=0&edition=prelim)), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. **(c)** Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under [section 7363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7363&num=0&edition=prelim). **(d)** For the purpose of this section, the term “agency” means an Executive agency.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7362

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

42 U.S.C. § 1320d — Definitions

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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