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Stacey Tovino, "Health Care Finance, Religion, and the HIPAA Privacy Rule"

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Religion and medicine have historically gone hand in hand, but increasingly have come into conflict in the U.S. as health care has become both more secular and more heavily regulated. Law has a dual role here, simultaneously generating conflict between religion and health care, for example through new coverage mandates or legally permissible medical interventions that violate religious norms, while also acting as a tool for religious accommodation and protection of conscience.

This conference identified the various ways in which law intersects with religion and health care in the United States, examined the role of law in creating or mediating conflict between religion and health care, and explored potential legal solutions to allow religion and health care to simultaneously flourish in a culturally diverse nation.

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Stacey Tovino, "Health Care Finance, Religion, and the HIPAA Privacy Rule"

  1. 1. Health Care Finance, Religion, and the HIPAA Privacy Rule Stacey Tovino, JD, PhD Lincy Professor of Law Lehman Professor of Law William S. Boyd School of Law, UNLV
  2. 2. Illegal Nursing Home Admissions Payments 42 C.F.R. § 483.12(d)(3)(ii) 2
  3. 3. Religious Nonmedical Health Care Institutions 42 C.F.R. §§ 403.700 - .770 (RNHCIs) 3
  4. 4. 4
  5. 5. Medicaid Benefits 5
  6. 6. Medicaid Eligibility: Exclusions from Countable Income 42 C.F.R. § 435.603(e)(3)(v) 6
  7. 7. Hospice Spiritual Assessment Requirements 42 C.F.R. § 418.54 7
  8. 8. Charge to Conference Participants Ø  Identify ways in which the law intersects with religion and health care in the United States; Ø  Understand the role of the law in creating or mediating conflict between religion and health care; and Ø  Explore potential legal solutions to allow religion and health care to simultaneously flourish in a culturally diverse nation. 8
  9. 9. The HIPAA Privacy Rule 9
  10. 10. The HIPAA Privacy Rule 45 C.F.R. §§ 164.500 - .534 Ø Three Tiers of Patient Permission 1. No Prior Permission: 45 C.F.R. 164.506 2. Prior Agreement (Oral): 45 C.F.R. 164.510 3. Prior Authorization (Written): 45 C.F.R. 164.508 10
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  16. 16. 65 Fed. Reg. 82462, 82568 (Dec. 28, 2000) 16
  17. 17. Health Care Finance, Religion, and the HIPAA Privacy Rule Stacey Tovino, JD, PhD Lincy Professor of Law Lehman Professor of Law William S. Boyd School of Law, UNLV

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