The Definition of Disclosure

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

DISCLOSURE

The terms ‘disclose’ and ‘disclosure’ have the meaning given the term ‘disclosure’ in section 160.103 of title 45, Code of Federal Regulations.

Section 160.103—

Disclosure means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information.