Title 42The Public Health and WelfareRelease 119-73

§17921 Definitions

Title 42 › Chapter CHAPTER 156— - HEALTH INFORMATION TECHNOLOGY › Subchapter SUBCHAPTER III— - PRIVACY › § 17921

Last updated Apr 6, 2026|Official source

Summary

Defines key words used later in this subchapter. breach — unauthorized getting, access, use, or sharing of protected health information that harms its privacy or security, but it does not include certain accidental internal access or accidental sharing between staff at the same facility if the information is not further shared. business associate — defined in 45 C.F.R. 160.103. covered entity — defined in 45 C.F.R. 160.103. disclose/disclosure — defined in 45 C.F.R. 160.103. electronic health record — an electronic record of a person’s health information that clinicians create, store, and use. health care operation — defined in 45 C.F.R. 164.501. health care provider — defined in 45 C.F.R. 160.103. health plan — defined in 45 C.F.R. 160.103. National Coordinator — the head of the Office of the National Coordinator for Health Information Technology under section 300jj–11(a) of this title. payment — defined in 45 C.F.R. 164.501. personal health record — an electronic, identifiable health record pulled from many sources that the individual manages or controls. protected health information — defined in 45 C.F.R. 160.103. Secretary — the Secretary of Health and Human Services. security — defined in 45 C.F.R. 164.304. State — each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. treatment — defined in 45 C.F.R. 164.501. use — defined in 45 C.F.R. 160.103. vendor of personal health records — any entity (not a covered entity) that offers or keeps a personal health record.

Full Legal Text

Title 42, §17921

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

In this subchapter, except as specified otherwise:
(1)(A)The term “breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.
(B)The term “breach” does not include—
(i)any unintentional acquisition, access, or use of protected health information by an employee or individual acting under the authority of a covered entity or business associate if—
(I)such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate; and
(II)such information is not further acquired, accessed, used, or disclosed by any person; or
(ii)any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at 11 So in original. Probably should be followed by “the”. same facility; and
(iii)any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person.
(2)The term “business associate” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(3)The term “covered entity” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(4)The terms “disclose” and “disclosure” have the meaning given the term “disclosure” in section 160.103 of title 45, Code of Federal Regulations.
(5)The term “electronic health record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
(6)The term “health care operation” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(7)The term “health care provider” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(8)The term “health plan” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(9)The term “National Coordinator” means the head of the Office of the National Coordinator for Health Information Technology established under section 300jj–11(a) of this title, as added by section 13101.22 See References in Text note below.
(10)The term “payment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(11)The term “personal health record” means an electronic record of PHR identifiable health information (as defined in section 17937(f)(2) of this title) on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or primarily for the individual.
(12)The term “protected health information” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(13)The term “Secretary” means the Secretary of Health and Human Services.
(14)The term “security” has the meaning given such term in section 164.304 of title 45, Code of Federal Regulations.
(15)The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
(16)The term “treatment” has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.
(17)The term “use” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.
(18)The term “vendor of personal health records” means an entity, other than a covered entity (as defined in paragraph (3)), that offers or maintains a personal health record.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables. section 13101, referred to in par. (9), means section 13101 of div. A of Pub. L. 111–5.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17921

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73