§1397j–1 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must protect people’s health privacy when carrying out work under this part. Privacy must follow the HIPAA rules in section 264(c) and any applicable state and local privacy laws. Nothing here stops an elder from choosing to rely only on prayer for healing. That choice is allowed if it is shown in one of three ways: the elder says it now, in speech or writing, about a specific current illness and is mentally able to decide; the elder put it in a valid living will, health care proxy, or other advance directive under state law; or the elder’s life history clearly shows that choice.

Title 42, §1397j–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In pursuing activities under this division, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations.

(b)Nothing in this division shall be construed to interfere with or abridge an elder’s right to practice his or her religion through reliance on prayer alone for healing when this choice—

(1)is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is competent at the time of the decision;

(2)is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or

(3)may be unambiguously deduced from the elder’s life history.

Editorial Notes

References in Text

section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

§1397j–1 General provisions

Summary

Title 42, §1397j–1

Notes & Related Subsidiaries

Editorial Notes

References in Text

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