42 U.S.C. § 17921 - Definitions

• Cite as: 42 U.S.C. § 17921

In this subchapter, except as specified otherwise:

(1) Breach

(A) In general

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) Exceptions

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 ¹ 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) Business associate

The term "business associate" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.

(3) Covered entity

The term "covered entity" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.

(4) Disclose

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

(5) Electronic health record

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) Health care operations

The term "health care operation" has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.

(7) Health care provider

The term "health care provider" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.

(8) Health plan

The term "health plan" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.