Module 1: General Provisions

Section 1.4 Disclosure of records subject to federal law

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.