§ 126020. Definitions.
22 CA ADC § 126020Barclays Official California Code of Regulations
22 CCR § 126020
§ 126020. Definitions.
(k) “Electronic Health Record (EHR)” means the definition given at section 13400 of subtitle D of the American Recovery and Reinvestment Act of 2009: “an electronic record of health-related information about an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.”
(l) “Governmental authority” means any municipal, county, state or other governmental entity that has jurisdiction and control over the provision or payment for medical services or that routinely received medical information to complete its designated governmental function, including specialized units from the local and state public health authorities.
(q) “Independent Directed Exchange” means the electronic disclosure of encrypted individual health information over the internet to an unaffiliated entity and where third party facilitators do not have the ability to decrypt the content of the individual health information (IHI) package nor provide governance or oversight.
(3) Is Individually identifiable which means the information includes or contains any element of personal identifying information to which there is a reasonable basis to believe the information can be used to identify the individual such as the patient's name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other potentially available information, reveals the individual's identity.
(4) With respect to the form, substance, or the need for express legal permission from an individual, who is the subject of the individual health information, for use or disclosure of individual health information, provides requirements that narrow the scope or duration, increase the privacy protections afforded (such as by expanding the criteria for), or reduce the coercive effect of the circumstances surrounding the express legal permission, as applicable.
(w) “Sensitive health information” means legally established categories of sensitive information, such as genetic information, mental health, substance abuse treatment, HIV-related information, sexuality and reproductive health or specific segments of a patients individual health information for which a patient has requested protection from disclosure in writing.
Credits
Note: Authority cited: Sections 130277 and 130278, Health and Safety Code. Reference: Sections 56.05 and 56.06, Civil Code; Sections 130200, 130201, 130276, 130277 and 130278, Health and Safety Code; and 45 C.F.R. Sections 160.103, 164.304 and 164.501.
History
1. New section filed 1-31-2012; operative 1-31-2012. Exempt from the rulemaking requirements of the Administrative Procedure Act and submitted to OAL for printing only pursuant to Health and Safety Code section 130278 (Register 2012, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 22, § 126020, 22 CA ADC § 126020
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