42 USC 1320d - Definitions

U.S Code last checked for updates: Apr 26, 2024

§ 1320d.

Definitions

For purposes of this part:

(1)

Code set

(2)

Health care clearinghouse

(3)

Health care provider

(4)

Health information

The term “health information” means any information, whether oral or recorded in any form or medium, that—

(A)

is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

(B)

relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.

(5)

Health plan

The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in section 300gg–91 of this title). Such term includes the following, and any combination thereof:

(A)

A group health plan (as defined in section 300gg–91(a) of this title), but only if the plan—

(i)

has 50 or more participants (as defined in section 1002(7) of title 29); or

(ii)

is administered by an entity other than the employer who established and maintains the plan.

(B)

A health insurance issuer (as defined in section 300gg–91(b) of this title).

(C)

A health maintenance organization (as defined in section 300gg–91(b) of this title).

(D)

Parts 1

 So in original. Probably should be “Part”.

A, B, C, or D of the Medicare program under subchapter XVIII.

(E)

The medicaid program under subchapter XIX.

(F)

A Medicare supplemental policy (as defined in section 1395ss(g)(1) of this title).

(G)

A long-term care policy, including a nursing home fixed indemnity policy (unless the Secretary determines that such a policy does not provide sufficiently comprehensive coverage of a benefit so that the policy should be treated as a health plan).

(H)

An employee welfare benefit plan or any other arrangement which is established or maintained for the purpose of offering or providing health benefits to the employees of 2 or more employers.

(I)

The health care program for active military personnel under title 10.

(J)

The veterans health care program under chapter 17 of title 38.

(K)

The Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as defined in section 1072(4) of title 10.

(L)

The Indian health service program under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.).

(M)

The Federal Employees Health Benefit Plan under chapter 89 of title 5.

(6)

Individually identifiable health information

The term “individually identifiable health information” means any information, including demographic information collected from an individual, that—

(A)

is created or received by a health care provider, health plan, employer, or health care clearinghouse; and

(B)

(i)

identifies the individual; or

(ii)

with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.

(7)

Standard

(8)

Standard setting organization

(9)

Operating rules

(Aug. 14, 1935, ch. 531, title XI, § 1171, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2021; amended Pub. L. 107–105, § 4, Dec. 27, 2001, 115 Stat. 1007; Pub. L. 111–5, div. A, title XIII, § 13102, Feb. 17, 2009, 123 Stat. 242; Pub. L. 111–148, title I, § 1104(b)(1), Mar. 23, 2010, 124 Stat. 146.)

cite as: 42 USC 1320d