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TCRP Legal Research Digest 46: How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations 1-1
CONTENTS 2-2
I. INTRODUCTION 3-4
II. HIPAA, THE HITECH AMENDMENTS TO HIPAA, AND HHS'S FINAL RULE 5-5
III.HIPAA'S APPLICATION TO COVERED ENTITIES 6-7
IV. HIPAA'S APPLICATION TO BUSINESS ASSOCIATES OF COVERED ENTITIES 8-10
VI. APPLICATION OF HIPAA TO HYBRID ENTITIES 11-12
VII. HIPAA'S DEFINITION OF PROTECTED HEALTH INFORMATION 13-13
VIII. HIPAA'S PRIVACY AND SECURITY RULES 14-19
IX. WHETHER HIPAA APPLIES TO TRANSIT AGENCIES 20-28
X. DISCLOSURE OF PROTECTED HEALTH INFORMATION WHEN REQUIRED BY LAW 29-30
XI. HIPAA PREEMPTION OF CONTRARY STATE LAWS THAT ARE LESS STRINGENT THAN HIPAA 31-32
XII. THE ENFORCEMENT RULE: CIVIL AND CRIMINAL PENALTIES UNDER HIPAA 33-34
XIII. JUDICIAL CLAIMS FOR HEALTH PRIVACY VIOLATIONS 35-37
XIV. COMMENTATORS' VIEWS OF HIPAA 38-38
XV. APPLICABILITY OF OTHER FEDERAL LAWS 39-40
XVI. STATE LAWS APPLICABLE TO THE PRIVACY OF HEALTH INFORMATION 41-48
XVII. CIVIL ACTIONS AT COMMON LAW FOR HEALTH PRIVACY VIOLATIONS 49-53
XVIII. HIPAA AND TRANSIT REGISTRIES OR DATABASES FOR EMERGENCY PLANNING AND OPERATIONS 54-55
CONCLUSION 56-57
APPENDIX A FEDERAL PRIVACY LAWS OTHER THAN HIPAA 58-65
APPENDIX B AFFORDABLE CARE ACT, 26 U.S.C. Section 5000A Requirement to Maintain Minimum Essential Coverage 66-71
APPENDIX C BUSINESS ASSOCIATE AGREEMENTS, GUIDES, NOTICES, POLICIES, PRACTICES, AND PROCEDURES PROVIDED BY TRANSIT AGENCIES 72-225
APPENDIX D Survey Questions to Transit Agencies 226-231
APPENDIX E Summary of Transit Agencies' Responses to Survey 232-240
APPENDIX F List of Transit Agencies Responding to Survey 241-242
ACKNOWLEDGMENTS 243-244

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How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations (2014)

Chapter: XIV. COMMENTATORS' VIEWS OF HIPAA

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How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations (2014)

Chapter: XIV. COMMENTATORS' VIEWS OF HIPAA