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Federal Register/Vol. 65, No. 250/Thursday, December 28, 2000/Rules and Regulations

By Department of Health and Human Services

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Book Id: WPLBN0000050004
Format Type: PDF eBook
File Size: 0.3 MB
Reproduction Date: 2005
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Title: Federal Register/Vol. 65, No. 250/Thursday, December 28, 2000/Rules and Regulations  
Author: Department of Health and Human Services
Volume:
Language: English
Subject: Health., Medical research, Medical reports
Collections: Medical Library Collection
Historic
Publication Date:
Publisher: Centers for Disease Control and Prevention

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APA MLA Chicago

Health And Human Services, D. O. (n.d.). Federal Register/Vol. 65, No. 250/Thursday, December 28, 2000/Rules and Regulations. Retrieved from http://ebooklibrary.org/


Excerpt
Prohibited under 164.502(a)(1) from using or disclosing protected health information for the purpose(s) included in the consent. A covered entity that seeks a consent must adhere to the individual’s decision. In 164.506(a)(5), we specify that a consent obtained by one covered entity is not effective to permit another covered entity to use or disclose protected health information, unless the consent is a joint consent. See 164.506(f) and the corresponding preamble discussion below regarding joint consents. A consent provides the individual’s permission only for the covered entity that obtains the consent to use or disclose protected health information for treatment, payment, and health care operations. A consent under this section does not operate to authorize another covered entity to use or disclose protected health information, except where the other covered entity is operating as a business associate. We note that, where a covered entity is acting as a business associate of another covered entity, the business associate covered entity is acting for or on behalf of the principal covered entity, and its actions for or on behalf of the principal covered entity are authorized by the consent obtained by the principal covered entity. Thus, under this section, a health plan can obtain a consent that permits the health plan and its business associates to use and disclose protected health information that the health plan and its business associates create or receive. That consent cannot, however, permit another covered entity (that is not a business associate) to disclose protected health information to the health plan or to any other person.

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