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R4
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Normative
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3).
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This
value
set
(http://hl7.org/fhir/ValueSet/v3-ActUSPrivacyLaw)
(http://terminology.hl7.org/ValueSet/v3-ActUSPrivacyLaw)
is
defined
as
part
of
HL7
v3.
Expansion
based
on
http://hl7.org/fhir/v3/ActUSPrivacyLaw
http://terminology.hl7.org/CodeSystem/v3-ActUSPrivacyLaw
version
2016-11-11
All
codes
from
system
http://hl7.org/fhir/v3/ActUSPrivacyLaw
2018-08-12
Code
Display
System
Definition
Display
_ActUSPrivacyLaw
ActUSPrivacyLaw
Definition:
A
jurisdictional
mandate
in
the
U.S.
relating
to
privacy.
Usage
Note:
ActPrivacyLaw
codes
may
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialtyCode
complies.
May
be
used
to
further
specify
rationale
for
assignment
of
other
ActPrivacyPolicy
codes
in
the
US
realm,
e.g.,
ETH
and
42CFRPart2
can
be
differentiated
from
ETH
and
Title38Part1.
42CFRPart2
42
CFR
Part2
42
CFR
Part
2
stipulates
the
right
of
an
individual
who
has
applied
for
or
been
given
diagnosis
or
treatment
for
alcohol
or
drug
abuse
at
a
federally
assisted
program.
Definition:
Non-disclosure
of
health
information
relating
to
health
care
paid
for
by
a
federally
assisted
substance
abuse
program
without
patient
consent.
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialityCode
complies.
CommonRule
Common
Rule
U.S.
Federal
regulations
governing
the
protection
of
human
subjects
in
research
(codified
at
Subpart
A
of
45
CFR
part
46)
that
has
been
adopted
by
15
U.S.
Federal
departments
and
agencies
in
an
effort
to
promote
uniformity,
understanding,
and
compliance
with
human
subject
protections.
Existing
regulations
governing
the
protection
of
human
subjects
in
Food
and
Drug
Administration
(FDA)-regulated
research
(21
CFR
parts
50,
56,
312,
and
812)
are
separate
from
the
Common
Rule
but
include
similar
requirements.
Definition:
U.S.
federal
laws
governing
research-related
privacy
policies.
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialtyCode
complies.
HIPAANOPP
HIPAA
notice
of
privacy
practices
The
U.S.
Public
Law
104-191
Health
Insurance
Portability
and
Accountability
Act
(HIPAA)
Privacy
Rule
(45
CFR
Part
164
Subpart
E)
permits
access,
use
and
disclosure
of
certain
personal
health
information
(PHI
as
defined
under
the
law)
for
purposes
of
Treatment,
Payment,
and
Operations,
and
requires
that
the
provider
ask
that
patients
acknowledge
the
Provider's
Notice
of
Privacy
Practices
as
permitted
conduct
under
the
law.
Definition:
Notification
of
HIPAA
Privacy
Practices.
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialtyCode
complies.
HIPAAPsyNotes
HIPAA
psychotherapy
notes
The
U.S.
Public
Law
104-191
Health
Insurance
Portability
and
Accountability
Act
(HIPAA)
Privacy
Rule
(45
CFR
Part
164
Section
164.508)
requires
authorization
for
certain
uses
and
disclosure
of
psychotherapy
notes.
Definition:
Authorization
that
must
be
obtained
for
disclosure
of
psychotherapy
notes.
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialityCode
complies.
HIPAASelfPay
HIPAA
self-pay
Section
13405(a)
of
the
Health
Information
Technology
for
Economic
and
Clinical
Health
Act
(HITECH)
stipulates
the
right
of
an
individual
to
have
disclosures
regarding
certain
health
care
items
or
services
for
which
the
individual
pays
out
of
pocket
in
full
restricted
from
a
health
plan.
Definition:
Non-disclosure
of
health
information
to
a
health
plan
relating
to
health
care
items
or
services
for
which
an
individual
pays
out
of
pocket
in
full.
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialityCode
complies.
Title38Section7332
Title
38
Section
7332
Title
38
Part
1-protected
information
may
only
be
disclosed
to
a
third
party
with
the
special
written
consent
of
the
patient
except
where
expressly
authorized
by
38
USC
7332.
VA
may
disclose
this
information
for
specific
purposes
to:
VA
employees
on
a
need
to
know
basis
-
more
restrictive
than
Privacy
Act
need
to
know;
contractors
who
need
the
information
in
order
to
perform
or
fulfill
the
duties
of
the
contract;
and
researchers
who
provide
assurances
that
the
information
will
not
be
identified
in
any
report.
This
information
may
also
be
disclosed
without
consent
where
patient
lacks
decision-making
capacity;
in
a
medical
emergency
for
the
purpose
of
treating
a
condition
which
poses
an
immediate
threat
to
the
health
of
any
individual
and
which
requires
immediate
medical
intervention;
for
eye,
tissue,
or
organ
donation
purposes;
and
disclosure
of
HIV
information
for
public
health
purposes.
Definition:
Title
38
Part
1
-
§1.462
Confidentiality
restrictions.
(a)
General.
The
patient
records
to
which
§§1.460
through
1.499
of
this
part
apply
may
be
disclosed
or
used
only
as
permitted
by
these
regulations
and
may
not
otherwise
be
disclosed
or
used
in
any
civil,
criminal,
administrative,
or
legislative
proceedings
conducted
by
any
Federal,
State,
or
local
authority.
Any
disclosure
made
under
these
regulations
must
be
limited
to
that
information
which
is
necessary
to
carry
out
the
purpose
of
the
disclosure.
SUBCHAPTER
III--PROTECTION
OF
PATIENT
RIGHTS
Sec.
7332.
Confidentiality
of
certain
medical
records
(a)(1)
Records
of
the
identity,
diagnosis,
prognosis,
or
treatment
of
any
patient
or
subject
which
are
maintained
in
connection
with
the
performance
of
any
program
or
activity
(including
education,
training,
treatment,
rehabilitation,
or
research)
relating
to
drug
abuse,
alcoholism
or
alcohol
abuse,
infection
with
the
human
immunodeficiency
virus,
or
sickle
cell
anemia
which
is
carried
out
by
or
for
the
Department
under
this
title
shall,
except
as
provided
in
subsections
(e)
and
(f),
be
confidential,
and
(section
5701
of
this
title
to
the
contrary
notwithstanding)
such
records
may
be
disclosed
only
for
the
purposes
and
under
the
circumstances
expressly
authorized
under
subsection
(b).
Usage
Note:
May
be
associated
with
an
Act
or
a
Role
to
indicate
the
legal
provision
to
which
the
assignment
of
an
Act.confidentialityCode
or
Role.confidentialityCode
complies.