OAR 137-003-0036
Individually Identifiable Health Information

(1)

This rule is intended to facilitate the issuance of a Qualified Protective Order (QPO) by an administrative tribunal in a contested case proceeding. The process described in this rule may be used by an agency or party to a contested case proceeding to request information from Covered Entities by using a QPO. This rule is intended to comply with federal requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA Privacy Rules in 45 CFR Parts 160 and 164 to protect the privacy of Protected Health Information. This rule should be construed to implement and not to alter the requirements of 45 CFR § 164.512(e).

(2)

For purposes of this rule, capitalized terms used but not otherwise defined in this rule have the meaning given those terms in the HIPAA Privacy Rules in 45 CFR Parts 160 and 164.

(a)

An agency or hearing officer who conducts a contested case hearing on behalf of an agency is an “administrative tribunal,” as that term is used in 45 CFR § 164.512(e).

(b)

The HIPAA Privacy Rules define “Covered Entity” to include the following entities, as further defined in the HIPAA Privacy Rules:

(A)

A Health Insurer or the Medicaid program;

(B)

A Health Care Clearinghouse; or

(C)

A Health Care Provider that transmits any Individually Identifiable Health Information using Electronic Transactions covered by HIPAA.

(3)

An administrative tribunal may issue a QPO at the request of a party, a Covered Entity, an Individual, or the agency.

(a)

A request for a QPO may be accompanied by a copy of the subpoena, discovery request, or other lawful process that requests Protected Health Information from a Covered Entity.

(b)

If the Individual has signed an authorization permitting disclosure of the Protected Health Information for purposes of the contested case proceeding, the administrative tribunal need not issue a QPO.

(4)

A QPO is an order of the administrative tribunal that:

(a)

Prohibits the use or disclosure of Protected Health Information by the agency or parties for any purpose other than the contested case proceeding or judicial review of the contested case proceeding;

(b)

Requires that all copies of the Protected Health Information be returned to the Covered Entity or destroyed at the conclusion of the contested case proceeding, or judicial review of the contested case proceeding, whichever is later; and

(c)

Includes such additional terms and conditions as may be appropriate to comply with federal or state confidentiality requirements that apply to the Protected Health Information.

(5)

This rule addresses only the process for requesting a QPO from an administrative tribunal in a contested case hearing. This rule does not address any claims or defenses related to the admissibility or confidentiality of Protected Health Information for purposes of discovery or the hearing.

(6)

The provisions of this rule do not supercede any other provisions of the HIPAA Privacy Rules that otherwise permit or restrict uses or disclosure of Protected Health Information without the use of a QPO.

(7)

This rule applies to all contested cases that are either pending or initiated on or after April 14, 2003.
[Publications: Publications referenced are available from the agency.]

Source: Rule 137-003-0036 — Individually Identifiable Health Information, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0036.

137–003–0000
Applicability of Rules in OAR 137, Division 3 137–003–0001
Contested Case Notice 137–003–0002
Rights of Parties in Contested Cases 137–003–0003
Late Filing 137–003–0005
Participation as Party or Limited Party 137–003–0007
Agency Participation as Interested Agency or Party 137–003–0008
Authorized Representative in Designated Agencies 137–003–0010
Emergency License Suspension, Refusal to Renew 137–003–0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing 137–003–0025
Discovery in Contested Cases Hearing 137–003–0035
Prehearing Conferences 137–003–0036
Individually Identifiable Health Information 137–003–0037
Qualified Interpreters 137–003–0040
Conducting Contested Case Hearing 137–003–0045
Telephone Hearings 137–003–0050
Evidentiary Rules 137–003–0055
Ex Parte Communications 137–003–0060
Proposed Orders in Contested Cases, Filing Exceptions 137–003–0070
Final Orders in Contested Cases 137–003–0075
Final Orders by Default 137–003–0080
Reconsideration and Rehearing — Contested Cases 137–003–0090
Stay Request 137–003–0091
Intervention in Stay Proceeding 137–003–0092
Stay Proceeding and Order 137–003–0501
Rules for Office of Administrative Hearings 137–003–0505
Contested Case Notice 137–003–0510
Rights of Parties in Contested Cases 137–003–0515
Agency Referral to Office of Administrative Hearings 137–003–0520
Filing and Providing Copies of Documents in Contested Case 137–003–0525
Scheduling Hearings 137–003–0528
Late Hearing Requests 137–003–0530
Late Filing and Amendment of Documents 137–003–0535
Participation as Party or Limited Party 137–003–0540
Agency Participation as Interested Agency or Party 137–003–0545
Representation of Agency by Attorney General or Agency Representative 137–003–0550
Representation of Parties 137–003–0555
Authorized Representative of Parties Before Designated Agencies 137–003–0560
Emergency License Suspension, Refusal to Renew 137–003–0565
Use of Collaborative Dispute Resolution in Contested Case Hearing 137–003–0566
Discovery in Contested Case Hearing — Methods 137–003–0567
Discovery in Contested Case Hearing — Standard 137–003–0568
Discovery in Contested Case Hearing — Procedure 137–003–0569
Discovery in Contested Case Hearing — Enforcement 137–003–0572
Depositions in Contested Cases 137–003–0573
Individually Identifiable Health Information 137–003–0575
Prehearing Conferences 137–003–0580
Motion for Summary Determination 137–003–0585
Subpoenas 137–003–0590
Qualified Interpreters 137–003–0595
Public Attendance 137–003–0600
Conducting the Contested Case Hearing 137–003–0605
Telephone Hearings 137–003–0610
Evidentiary Rules 137–003–0615
Judicial Notice and Official Notice of Facts 137–003–0625
Ex Parte Communications with Administrative Law Judge 137–003–0630
Motions 137–003–0635
Transmittal of Questions to the Agency 137–003–0640
Immediate Review by Chief Administrative Law Judge 137–003–0645
Proposed Orders in Contested Cases 137–003–0650
Exceptions to Proposed Order 137–003–0655
Further Hearing and Issuance of Final Order 137–003–0660
Ex Parte Communications to Agency during Review of Contested Case 137–003–0665
Final Orders in Contested Cases 137–003–0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default 137–003–0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing 137–003–0675
Reconsideration and Rehearing — Contested Cases 137–003–0690
Stay Request — Contested Case 137–003–0695
Intervention in Stay Proceeding 137–003–0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0036’s source at or​.us