Background

 

HIPAA and Legal Resources

Training courses for privacy risk in public health. 

A website providing numerous resources for STLT PHAs related to public health law. 

A federal government resource providing information on public health law. 

A resource focused on public health law as it relates to data sharing. 

This webpage is to provide a central location for Tribal data resources and information at HHS. This site includes HHS’s Department-wide data access policies for Tribes and Tribal Epidemiology Centers (TECs). It also provides Division-level information about Tribal data points of contact, data resources, and data access processes. It also includes a webform for Tribes and TECs to request assistance with data requests. 

  • Department of Health and Human Services. HHS Tribal Data Access Policy and HHS TEC (Tribal Epidemiology Centers) Data Access Policy. https://cdo.hhs.gov/s/tribal-data. Accessed July 18, 2025. 

This paper provides good legal argument information for when a hospital sued a health department to prevent access to records and the health department successfully defended their authority. 

  • Daly, E. R., Herrick, J. P., Maynard, E. X., Montero, J. T., Adamski, C., Dionne-Odom, J., Talbot, E. A., & Alroy-Preis, S. (2015). Taken to court: defending public health authority to access medical records during an outbreak investigation. Public health reports (Washington, D.C. : 1974), 130(3), 278–283. https://doi.org/10.1177/003335491513000315 

The Trusted Exchange Framework Common Agreement™ or TEFCA™, outlines a common set of principles, terms, and conditions to support the development of a Common Agreement that helps enable the nationwide exchange of electronic health information (EHI) across disparate health information networks (HINs). The TEFCA is designed to scale EHI exchange nationwide and help ensure that HINs, health care providers, health plans, individuals, and many more stakeholders have secure access to their electronic health information when and where it is needed. 

  • Trusted Exchange Framework Common Agreement™ (TEFCA™) rce.sequoisproject.org Accessed on July 23, 2025.  

The toolkit provides more information on hybrid entities and how to receive the designation as a hybrid entity. 

The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. 

Benefits of EHI Access and Data Sharing

Spotlight on Bidirectional communication and data sharing between PHAs and HCOs related to healthcare acquired infections. 

 

This Spotlight Series article makes the case for electronic health information sharing between healthcare organizations and public health authorities, and provides several resources to support sharing. 

 

This site includes HHS’s Department-wide data access policies for Tribes and Tribal Epidemiology Centers (TECs). It also provides Division-level information about Tribal data points of contact, data resources, and data access processes. It also includes a webform for Tribes and TECs to request assistance with data requests. 

Technical Resources

This document recommends standards for all NCHHSTP programs that, when adopted, will facilitate the secure collection, storage, and use of data while maintaining confidentiality. Designed to support the most desirable practices for enabling secure use of surveillance data for public health action and ensuring implementation of comprehensive evidence-based prevention services, the standards are based on 10 guiding principles that provide the foundation for the collection, storage, and use of these public health data. They address five areas: program policies and responsibilities, data collection and use, data sharing and release, physical security, and electronic data security. Intended for use by state and local health department disease programs to inform the development of policies and procedures, the standards are intentionally broad to allow for differences in public health activities and response across disease programs. 

 

The Health Data Utility Framework is intended to guide states, regions, HIEs, and community partners in the design and implementation of an HDU that provides deeper integration of health-related data to support public health and care delivery. 

 

This toolkit walks agencies through the process of assessing their own informatics readiness and current state and then using that assessment to inform strengthening and strategic activities–allowing them to scale up informatics capacity to meet the evolving needs of the modern public health landscape. 

Other Resources

This pilot study examined the feasibility of using electronic case reporting to detect additional cases of occupational lung disease.