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The topics included in the 50 State Privacy Study ("Study Topics") were selected by the funders of the Privacy Study as a listing of topics under which a user of the Privacy Study might look when locating health information compliance information. The list of Study Topics includes topics under HIPAA privacy requirements, such as "Accounting Rights" and Notice of Privacy Practices," as well as topics under which state law frequently regulates health information privacy and confidentiality, such as "HIV/AIDS" and "Substance Abuse/Alcoholism." The user should note that many Study Topics cover both HIPAA and state rules, such as "Access, Inspection & Copying," and "Legally Required Disclosures." The Study Topics are not meant as a definitive list of all topics that may relate to the regulation of health information privacy.
The Study Topics are as follows (with explanation, if necessary, of the definition of the topic for purposes of the Privacy Study and/or the kind of information a user might find included in the topic):
- Abortion
- Access: Inspection & Copying (by an individual or representative to his/her own health information)
- Accounting Rights (an individual’s right to an accounting of disclosures of health information)
- Amendment Rights (an individual’s right to request changes to his/her medical record information)
- Authorization and Consent (by an individual or representative to disclosure of health information)
- Business Associates (requirements related to the handling of health information by vendors to HIPAA covered entities)
- De-identification (requirements related to stripping health information of certain identifiers prior to use or disclosure)
- Deceased Persons
- Disabilities/Handicaps
- Document Retention (requirements related to retention of documents required by HIPAA; does not include general medical record or other document retention requirements)
- Duty of Confidentiality (requirements to maintain the confidentiality of health information, including medical records; will often include permitted or required disclosures as exceptions to confidentiality requirement)
- Education Records
- Emergency Circumstances
- Facility Directories (requirements relating to using health information for hospital and other facilities patient directories)
- Fertility/Reproductive Issues
- Fundraising (requirements relating to using health information for fundraising purposes)
- Genetic Information
- HIV/AIDS
- Immunizations
- Judicial & Administrative Proceedings
(Including Subpoenas & Court Orders) (requirements related to disclosures permitted or required pursuant to various kinds of legal proceedings) - Law Enforcement (requirements related to disclosures permitted or required to law enforcement officials such as police officers or district attorneys)
- Legally Required Disclosure (requirements related to disclosures either "required by law" or to unspecified government agencies)
- Marketing (requirements relating to using health information for marketing purposes)
- Mental Health/Illness
- Minimum Necessary Use (requirements related to paring health information down to the minimum required to meet the purpose of the use or disclosure)
- Notice of Privacy Practices
- Organ/Tissue Donation (requirements related to the use or disclosure of health information for organ/tissue donation purposes)
- Organizational Issues
(Affiliated Entities/Hybrid Entities) (HIPAA requirements permitting covered entities to align either their own internal structure or with other organizations for purposes of compliance) - Other Topics
- Peer Review/Evidentiary Privileges (state laws under which health care providers may assert that certain records, proceedings and/or discussions are privileged and not subject to disclosure or discovery)
- Personal Representatives
(Including Parents & Minors) (requirements under state law regarding consent to medical treatment and consent to medical treatment of another individual and HIPAA’s requirements regarding who my consent to the use or disclosure of another individual’s protected health information) - Personnel Issues
(Including Training, Sanctions) (requirements related to training workforce members in health information policies and procedures) - Policies & Procedures (related to the use and disclosure of health information)
- Psychotherapy Notes
- Public Health/Health Oversight Activities (requirements related to permitted access by, or mandatory reporting to, specific government agencies, i.e., disease registry or reporting requirements)
- Research (requirements related to using health information for research purposes)
- Right to Request Restrictions/
Confidential Communications - Security
- Sexually-Transmitted/Communicable Diseases
- Specialized Government Functions
- Substance Abuse/Alcoholism
- Threat to Health/Safety
- Treatment, Payment & Health Care Operations (requirements related to using health information for purposes of treating a patient, claims for payment for health care treatment or for the health care operations of a covered entity)
- Victims of Abuse, Neglect or Domestic Violence (requirements related to the use of health information for the purposes of treating or reporting abuse, including child abuse)
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June 19, 2013
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