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The Definition of Protected Health Information
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This posting is one of several that outline the HITECH privacy
provisions of the American Recovery and Reinvestment Act that
President Obama signed into law on Tuesday, February 17, 2009, in
Denver, CO. Here, we reproduce the definitions that appear in Subtitle
D—Privacy, Section 13400. Definitions, that appear in the Conference
Report on page H1345 of Congressional Record—House, February 12, 2009.
These definitions are critical in understanding the content of the new
HITECH privacy provisions and how they relate to existing HIPAA
Administrative Simplification Privacy Rule standards.

HIPAA Privacy Definitions:
Breach
Business Associate
Covered Entity
Disclosure
Electronic Health Record
Health Care Operations

Health Care Provider
Health Plan
National Coordinator
Payment
Personal Health Record
Protected Health Information
Secretary
Security
State
Treatment
Use
Vendor Of Personal Health Records

PROTECTED HEALTH INFORMATION
The term ‘protected health information’ has the meaning given such
term in section 106.103 of title 45, Code of Federal Regulations.

Section 106.103—
Individually identifiable health information:

(1) Except as provided in paragraph (2) of this definition, that is:
(i) Transmitted by electronic media;

(ii) Maintained in electronic media; or
(iii) Transmitted or maintained in any other form or medium.

(2) Protected health information excludes individually identifiable
health information in:
(i) Education records covered by the Family Educational Rights and
Privacy Act, as amended, 20 U.S.C. 1232g;

(ii) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); and
(iii) Employment records held by a covered entity in its role as
employer.

Ed Jones, Author & Healthcare Authority
Filed Under: Health IT and HITECH

 
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