Guide · Healthcare

Health Information Privacy: A Comprehensive Guide to HIPAA, Access Rights, and Breach Notification

42 U.S.C. § 1320

Type
Guide
Jurisdiction
National
Date
2026-02-21
Topic
Healthcare

This guide states the law of health information privacy and security. Part 1 covers the statutory and regulatory architecture and defines the regulated universe of covered entities and business associates. Parts 2 and 3 cover protected health information, de-identification, the uses and disclosures permitted without authorization, the minimum necessary standard, and the requirements of a valid authorization. Part 4 covers individual rights, including the right of access with its thirty-day deadline and fee limits, amendment, accounting, restrictions, and confidential communications. Parts 5 and 6 cover the Security Rule and the breach notification framework, including the four-factor risk assessment and the notification deadlines. Parts 7 and 8 cover enforcement, penalties, the absence of a private right of action, and the business associate contracting chain. Later parts address substance use disorder records under Part 2, state preemption, information blocking and interoperability, and the research, marketing, employment, and constitutional regimes that operate alongside HIPAA.

Health Information Privacy: A Comprehensive Guide to HIPAA, Access Rights, and Breach Notification

Healthcare > Health Information Privacy and HIPAA | Published 21 February 2026 - Updated 14 August 2026 | UpLaw - uplaw.us

Part 1 — Architecture and Scope

1.1 Statutes

The administrative simplification provisions appear at 42 U.S.C. § 1320d and following: § 1320d-1 (covered entities), § 1320d-2 (standards), § 1320d-3 and § 1320d-4 (adoption and modification), § 1320d-5 (civil penalties), § 1320d-6 (criminal penalties), § 1320d-7 (relationship to state law), and § 1320d-8 (uses and disclosures by employers).

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