Checklist · Health & Medical Law

HIPAA use and disclosure limits checklist

Checklist of the use and disclosure limits in 45 CFR 164.502 that a reviewer applies to a business associate contract and a privacy notice. It does not authorise a use.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a lawyer is checking whether a proposed use of protected health information stays inside the contract and the notice. Do not use it to approve a disclosure or to write a breach notice.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Yellow: the lawyer decides whether a proposed use is permitted. The list only records the limits that were opened.

AI may

  • Restate the general limit in 45 CFR 164.502(a) and the business associate limit in 164.502(a)(3).
  • Record the minimum-necessary standard in the words of 164.502(b).
  • Record the notice-consistency limit in 164.502(i).

AI must not

  • Do not approve a use or disclosure.
  • Do not apply an exception in 164.502(b) that was not opened.
  • Do not describe the sale exceptions in 164.502(a)(5)(ii)(B)(2). That list was not read in full.
  • Do not write a breach notification.

The lawyer checks

  • Identify the proposed use in the client's words before applying a limit.
  • Read the unopened exceptions before treating the minimum-necessary standard as absolute.
  • Compare the proposed use with the notice actually in effect.
  • Do not treat this list as a decision that notice to an individual is required.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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