3099

DEFINITIONS

3099.1

The following terms shall have the meanings ascribed:

Act – Data-Sharing and Information Coordination Amendment Act of 2010, effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code §§ 7-241, et seq.).

Agency – an agency, department, unit, or instrumentality of the District of Columbia government.

Department – District of Columbia Department of Human Services.

Disclosure – the release, transfer, provision of access to, or distribution of information in any manner by an entity holding the information to a person outside of the entity.

District-wide HIPAA Policy – the set of HIPAA policies and procedures issued by the District as a hybrid entity in accordance with 45 C.F.R. § 164.105(a)(2)(iii)(D). The District-wide HIPAA Policy applies to any District agency, and any subdivision of a District agency, that is subject to HIPAA as part of the District’s hybrid entity.

Health and human services information (HHSI) – any information that relates to:

1. (a) The past, present, or future physical or mental health of an Individual or family;
2. (b) The provision of health care or human services, including benefits or supports, to an Individual or family;
3. (c) The past, present, or future payment for the provision of health care or human services to an Individual.

HIPAA – the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. §§ 1320d, et seq.), as amended; 45 C.F.R. Parts 160, 162, and 164, as amended.

Identified individual – a natural person to whom health and human services information pertains.

Individually identifiable health information – shall have the same meaning as it does in HIPAA.

Person – a natural person, firm, company, association, corporation, service provider, or government instrumentality or agency authorized to receive HHSI in accordance with the Act.

Service provider (Provider) – an entity that provides health or human services to District residents pursuant to a contract, grant, or other similar agreement with an Agency.

Use – the sharing, employment, application, utilization, examination, or analysis of health and human services information.

SOURCE: Final Rulemaking published at 61 DCR 8497 (August 15, 2014).