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
- Map health-privacy duties across the records systems
- Review an AI clinical-tool vendor contract for privacy and TGA issues
- Assess a suspected data breach of patient information and decide whether to notify
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.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Health & Medical Law · Tasks and AI use in this area