42 U.S.C. · The Public Health and Welfare
42 U.S.C. § 1397j1

General provisions

Ch. 7 — SOCIAL SECURITY
Title 42 U.S.C. ● ACTIVE Primary Source Ch. 7
Statutory Text

42 U.S.C. § 1397j1 — General provisions

U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE 42 U.S.C. United States Code, 2023 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY SUBCHAPTER XX - BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE Division B - Elder Justice Sec. 1397j-1 - General provisions From the U.S. Government Publishing Office, www.gpo.gov

§1397j–1. General provisions

(a) Protection of privacy In pursuing activities under this division, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations. (b) Rule of construction Nothing in this division shall be construed to interfere with or abridge an elder's right to practice his or her religion through reliance on prayer alone for healing when this choice— (1) is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is competent at the time of the decision; (2) is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or (3) may be unambiguously deduced from the elder's life history.

(Aug. 14, 1935, ch. 531, title XX, §2012, as added Pub. L. 111–148, title VI, §6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 785.)

Editorial Notes

References in Text Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

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