Module 1: General Provisions

Section 1.4 Disclosure of records subject to federal law (63G-2-107)

Records governed by HIPAA (Health Insurance Portability and Accountability Act), including medical records identified as protected by HIPAA and controlled or maintained by a governmental entity, are not subject to GRAMA.

63G-2-107. Disclosure of records subject to federal law.
Notwithstanding the provisions of Subsections 63G-2-201(6)(a) and (b), this chapter does not apply to a record containing protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of Individually Identifiable Health Information, if the record is:
  • (1) controlled or maintained by a governmental entity; and
  • (2) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information.