---
title: "Remove direct identifiers before a health record is summarized"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/anonymise-sensitive-health-information-before-ai-summarisation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-B6-5-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Remove direct identifiers before a health record is summarized

> List each direct identifier the lawyer marks, the page it appears on, and a proposed removal. Do not send the record to a tool and do not say the result is de-identified.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/anonymise-sensitive-health-information-before-ai-summarisation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each direct identifier the lawyer marks, the page it appears on, and a proposed removal. Do not send the record to a tool and do not say the result is de-identified. |
| What the lawyer must review | 45 CFR § 164.502 provides that a covered entity or a business associate may not use or disclose protected health information except as permitted or required by that subpart or by subpart C of part 160. A permitted disclosure includes disclosure to the individual and, as § 164.506 allows, for treatment, payment, or health care operations. The de-identification standard was not opened. Do not treat a removal of names as meeting it. You decide whether a disclosure is permitted before any record is put into a tool. Formal Opinion 512 requires informed consent before information relating to the representation goes into a self-learning tool. The HHS covered-entity page is the starting point for whether the holder is a covered entity or a business associate. |
| Written for | United States |
| Applies to | [Anonymise sensitive health information before AI summarisation](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/anonymise-sensitive-health-information-before-ai-summarisation.md) |

## Checking plan

- What the AI does: List each direct identifier the lawyer marks, the page it appears on, and a proposed removal. Do not send the record to a tool and do not say the result is de-identified.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 164.514 was not opened. Do not claim a safe-harbor or expert method.
- A business-associate contract is referred to from § 164.502. Its required terms in § 164.504(e) were not opened.

## Sources

- [45 CFR § 164.502 (uses and disclosures of protected health information)](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502) (checked 2026-10-22)
- [HHS: HIPAA covered entities and business associates](https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*