[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR422.118]



[Page 1003-1004]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 422_MEDICARE ADVANTAGE PROGRAM--Table of Contents

 

             Subpart C_Benefits and Beneficiary Protections

 

Sec. 422.118  Confidentiality and accuracy of enrollee records.



    For any medical records or other health and enrollment information 

it maintains with respect to enrollees, an MA organization must 

establish procedures to do the following:

    (a) Abide by all Federal and State laws regarding confidentiality 

and disclosure of medical records, or other health and enrollment 

information. The MA organization must safeguard the privacy of any 

information that identifies a particular enrollee and have procedures 

that specify--



[[Page 1004]]



    (1) For what purposes the information will be used within the 

organization; and

    (2) To whom and for what purposes it will disclose the information 

outside the organization.

    (b) Ensure that medical information is released only in accordance 

with applicable Federal or State law, or pursuant to court orders or 

subpoenas.

    (c) Maintain the records and information in an accurate and timely 

manner.

    (d) Ensure timely access by enrollees to the records and information 

that pertain to them.



[65 FR 40323, June 29, 2000]