With respect to the relation of this subchapter to HIPAA privacy and security law:
(A) This subchapter may not be construed as having any effect on the authorities of the Secretary under HIPAA privacy and security law.
(B) The purposes of this subchapter include ensuring that the health information technology standards and implementation specifications adopted under section 300jj–14 of this title take into account the requirements of HIPAA privacy and security law.
For purposes of this section, the term "HIPAA privacy and security law" means—
(A) the provisions of part C of title XI of the Social Security Act [42 U.S.C. 1320d et seq.], section 264 of the Health Insurance Portability and Accountability Act of 1996, and subtitle D of title IV 1 of the Health Information Technology for Economic and Clinical Health Act; and
(B) regulations under such provisions.
In administering the provisions of this subchapter, the Secretary shall have flexibility in applying the definition of health care provider under section 300jj(3) of this title, including the authority to omit certain entities listed in such definition when applying such definition under this subchapter, where appropriate.
(July 1, 1944, ch. 373, title XXX, §3009, as added Pub. L. 111–5, div. A, title XIII, §13101, Feb. 17, 2009, 123 Stat. 242.)
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Last modified: October 26, 2015