K. Technical Corrections and Other Clarifications
1. Definition of "Individually Identifiable Health Information"
Part 160 contains the definitions that are relevant to all of the Administrative Simplification provisions at Parts 160 through 164. Although the term "individually identifiable health information" is relevant to Parts 160 through 164, it is defined in Sec. 164.501 of the Privacy Rule. To correct this technical error, the Department proposed to move the definition of individually identifiable health information from Sec. 164.501 to Sec. 160.103. The limited comment on this proposal supported moving the definition into Sec. 160.103, for the same reasons cited by the Department. Therefore, the Department in this final Rule deletes the definition of "individually identifiable health information" from Sec. 164.501 of the Privacy Rule, and adds the definition to Sec. 160.103.
2. Technical Corrections
The Privacy Rule contained some technical and typographical errors. Therefore, the Department is making the following corrections:
a. In Sec. 160.102(b), beginning in the second line, "section 201(a)(5) of the Health Insurance Portability Act of 1996, (Pub. L. 104-191)," is replaced with "42 U.S.C. 1320a-7c(a)(5)."
b. In Sec. 160.203(b), in the second line, "health information" is replaced with "individually identifiable health information."
c. In Sec. 164.102, "implementation standards" is corrected to read "implementation specifications."
d. In Sec. 164.501, in the definition of "protected health information", "Family Educational Right and Privacy Act" is corrected to read "Family Educational Rights and Privacy Act."
e. In Sec. 164.508(b)(1)(ii), in the fifth line, the word "be" is deleted.
f. In Sec. 164.508(b)(3)(iii), a comma is added after the words "psychotherapy notes."
g. In Sec. 164.510(b)(3), in the third line, the word "for" is deleted.
h. In Sec. 164.512(b)(1)(v)(A), in the fourth line, the word "a" is deleted.
i. In Sec. 164.512(b)(1)(v)(C), in the eighth line, the word "and" is added after the semicolon.
j. In Sec. 164.512(f)(3), paragraphs (ii) and (iii) are redesignated as (i) and (ii), respectively.
k. In Sec. 164.512(g)(2), in the seventh line, the word "to" is added after the word "directors."
l. In Sec. 164.512(i)(1)(iii)(A), in the second line, the word "is" after the word "sought" is deleted.
m. In Sec. 164.514(d)(5), the word "discloses" is corrected to read "disclose."
n. In Sec. 164.520(c), in the introductory text, "(c)(4)" is corrected to read "(c)(3)."
o. In Sec. 164.522(a)(1)(v), in the sixth line, "Secs. 164.502(a)(2)(i)" is corrected to read "Secs. 164.502(a)(2)(ii)."
p. In Sec. 164.530(i)(4)(ii)(A), in the second line, "the requirements" is replaced with the word "specifications."