Sentences with phrase «authorized by law»

If an article in this Rules were to be declared or deemed illegal, unenforceable or invalid by a competent authority, then this article would be considered null and non-written, but all other items would not be affected and would find application in limits and authorized by law

Arbitration by boards of REALTORS ® is a process authorized by law in virtually every state.

To public health authorities and oversight agencies that are authorized by law to collect information.

We may disclose health information to a health oversight agency for activities authorized by law.

Health Oversight Activities: We may disclose health information to a health oversight agency for activities authorized by law.

We may disclose mental health information about you to a health oversight agency for activities authorized by law.

There are also some exemptions to the restrictions — where automated processing is necessary for entering into (or performance of) a contract between an organization and the individual; or where it's authorized by law (e.g. for the purposes of detecting fraud or tax evasion); or where an individual has explicitly consented to the processing.

We may disclose PHI to the government, including State Insurance Departments, for oversight activities authorized by law, such as audits, complaint resolution, investigations, inspections, licensure or disciplinary actions, and other proceedings, actions or activities necessary for monitoring the healthcare system, government programs and compliance with civil rights laws.

Any person authorized by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.

[4] Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation.

(iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the covered entity or public health authority is authorized by law to notify such person as necessary in the conduct of a public health intervention or investigation; or

Response: The final rule permits a covered entity to disclose protected health information to a public health authority authorized by law to conduct public health activities, including the collection of data relevant to death or disease, in accordance with § 164.512 (b).

The first two exceptions, whereby a parent is not the personal representative for the minor and the minor can act for himself or herself under the rule, occur if the minor consents to a health care service, and no other consent to such health care service is required by law, or when the minor may lawfully obtain a health care service without the consent of a parent, and the minor, a court, or another person authorized by law consents to such service.

Comment: Some commenters argued that it is inappropriate to require covered entities to distinguish between disclosures that are «required by law» and those that are merely «authorized by law,» for the purposes of determining when the standard applies.

(ii) The minor may lawfully obtain such health care service without the consent of a parent, guardian, or other person acting in loco parentis, and the minor, a court, or another person authorized by law consents to such health care service; or

Therefore, the final rule allows covered entities to disclose protected health information pursuant to this provision not only to law enforcement officials, but to all federal officials authorized by law to carry out the relevant activities.

Section 164.502 (g)(3)(ii) provides that the parent is not the personal representative of the minor under the rule if the minor may obtain health care without the consent of a parent and the minor, a court, or another person authorized by law consents to such service.

Such committees are not prohibited from soliciting campaign contributions and public support from any person or corporation authorized by law.

It allows covered entities to disclose protected health information without authorization to coroners and medical examiners, for identification of a deceased person, determining cause of death, or other duties authorized by law.

(i) A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions; or, at the direction of a public health authority, to an official of a foreign government agency that is acting in collaboration with a public health authority;

In particular, Social Security Disability and other federal programs, and public benefits programs run by the states, are authorized by law Start Printed Page 82630to share information for eligibility purposes.

denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by Neinstein Medical Malpractice Lawyers or one of our clients).

Unlike private sector health plans, public plans are often required by or expressly authorized by law to jointly administer health programs that meet the definition of «health plan» under this regulation.

Proposed § 164.510 (f)(1) of the NPRM would have authorized disclosure of protected health information to a law enforcement official conducting or supervising a law enforcement inquiry or proceeding authorized by law pursuant to process, under three circumstances.

A covered entity may use or disclose protected health information to a public or private entity authorized by law or by its charter to assist in disaster relief efforts, for the purpose of coordinating with such entities the uses or disclosures permitted by paragraph (b)(1)(ii) of this section.

A covered entity may disclose protected health information to a health oversight agency for oversight activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight of:

Where a health plan that is a government program provides public benefits, such as SCHIP and Medicaid, and where eligibility for, or enrollment in, the health plan is determined by an agency other than the agency administering the health plan, or where the protected health information used to determine enrollment or eligibility in the health plan is collected by an agency other than the agency administering the health plan, and the joint activities are authorized by law, no business associate contract is required with respect to the collection and sharing of individually identifiable health information for the performance of the authorized functions by the health plan and the agency other than the agency administering the health plan.

The NPRM would have allowed covered entities to disclose protected health information without individual authorization to: (1) A public health authority authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions; (2) a public health authority or other appropriate authority authorized by law to receive reports of child abuse or neglect; (3) a person or entity other than a governmental authority that could demonstrate or demonstrated that it was acting to comply with requirements or direction of a public health authority; or (4) a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition and was authorized by law to be notified as necessary in the conduct of a public health intervention or investigation.

(A) A health oversight agency or public health authority authorized by law to investigate or otherwise oversee the relevant conduct or conditions of the covered entity or to an appropriate health care accreditation organization for the purpose of reporting the allegation of failure to meet professional standards or misconduct by the covered entity; or

In the NPRM we proposed to permit covered entities to disclose protected health information to a government agency, or to a private entity acting on behalf of a government agency, for inclusion in a government health data system collecting health data for analysis in support of policy, planning, regulatory, or management functions authorized by law.

A covered entity is not in violation of the requirements of this rule when a member of its workforce or a business associate of the covered entity discloses protected health information to: (i) A health oversight agency or public health authority authorized by law to investigate or otherwise oversee the relevant conduct or conditions of the covered entity; (ii) an appropriate health care accreditation organization; or (iii) an attorney, for the purpose of determining his or her legal options with respect to whistleblowing.

The rule allows such disclosure to any governmental authority authorized by law to receive reports of such abuse, neglect, or domestic violence.

Under the final rule, covered entities may disclose protected health information to such individuals when the covered entity or public health authority is authorized by law to notify these individuals as necessary in the conduct of a public health intervention or investigation.

Thus, the final rule includes agencies that are authorized by law to «enforce civil rights laws for which health information is relevant» in the definition of «health oversight agency» at § 164.501.

In addition, in the final rule, we add «licensure or disciplinary actions» to the list of oversight activities authorized by law for which covered entities may disclose protected health information to health oversight agencies.

Activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections * * * civil, administrative, or criminal proceedings or actions; and other activity necessary for appropriate oversight of the health care system.

In the NPRM we would have allowed covered entities to disclose protected health information in the course of any judicial or administrative proceeding: (1) In response to an order of a court or administrative tribunal; or (2) where an individual was a party to the proceeding and his or her medical condition or history was at issue and the disclosure was pursuant to lawful process or otherwise authorized by law.

Health oversight agency means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is authorized by law to oversee the health care system (whether public or private) or government programs in which health information is necessary to determine eligibility or compliance, or to enforce civil rights laws for which health information is relevant.

A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law.

Upon mailing a certificate in writing to the Secretary of State, Division of Elections, with a copy to the Judicial Qualifications Commission, that the judge's candidacy has drawn active opposition, and specifying the nature thereof, a judge may thereafter campaign in any manner authorized by law, subject to the restrictions of subsection A (3).

There was no dispute that the insured was aware that her husband was unlicensed and as a result on the face of it she was in breach of the «authorized by law to drive» provision in section 4 (1) of the policy.

Specifically, we allow covered entities to use or disclose protected health information without individual agreement to federal, state, or local government agencies engaged in disaster relief activities, as well as to private disaster relief or disaster assistance organizations (such as the Red Cross) authorized by law or by their charters to assist in disaster relief efforts, to allow these organizations to carry out their responsibilities in a specific disaster situation.

If the request for disclosure of protected health information were not accompanied by a court order, covered entities could not have disclosed the information requested unless a request authorized by law had been made by the agency requesting the information or by legal counsel representing a party to litigation, with a written statement certifying that the protected health information requested concerned a litigant to the proceeding and that the health condition of the litigant was at issue at the proceeding.

We also agree that covered entities should be protected when whistleblowers disclose protected health information to any health oversight agency authorized by law to investigate or oversee the conditions of the covered entity, including state Long - Term Care Ombudsmen appointed in accordance with the Older Americans Act.

Another, however, addressed its comments only to «disclosure to non-government entities operating such system as required or authorized by law.»

Therefore, the final rule includes new language, in § 164.510 (b)(4), which allows covered entities to use or disclose protected health information to a public or private entity authorized by law or its charter to assist in disaster relief efforts, for the purpose of coordinating with such entities to notify, or assist in the notification of (including identifying or locating) a family member, an individual's personal representative, or another person responsible for the individual's care regarding the individual's location, general condition, or death.

However, the Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court.

Restriction on direct participation by military personnel The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

An oath is defined as «an affirmation or any other method authorized by law to affirm the truth of a statement.»

providing legally sufficient service of court filings on other attorneys and unrepresented parties to a court case (and, if and when authorized by law, service of process on defendants or respondents to establish the court's jurisdiction over them under principles of due process of law), and