Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. Civil Rights of Institutionalized Persons Act


Comment: A few comments expressed concern that the privacy regulation would inadvertently hinder the Department of Justice Civil Rights Divisions' investigations under the Civil Rights of Institutionalized Persons Act ("CRIPA"). These comments suggested clearly including civil rights enforcement activities as health care oversight.

Response: We agree with this comment. We do not intend for the privacy rules to hinder CRIPA investigations. 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. Covered entities are permitted to disclose protected health information to health oversight agencies under § 164.512(d) without an authorization. Therefore, we do not believe the final rule should hinder the Department of Justice's ability to conduct investigations pursuant to its authority in CRIPA.