42 U.S.C. § 1397j–1: General provisions

Summary

The Secretary must keep people’s health information private when carrying out this part of the law. Those privacy rules must follow the regulations under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and any applicable State or local privacy laws. Nothing in this part stops an older person from choosing to rely only on prayer for healing. That choice is allowed if it is clearly said now about a specific illness or injury by someone who is competent, if it was put into a valid living will, health care proxy, or other advance directive under State law, or if it can be clearly inferred from the person’s life history.

Title 42, §1397j–1

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

(a)Protection of privacy

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)Rule of construction

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

Citations & Metadata