What provision ensures that once data is de-identified, it is no longer considered PHI?

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The Safe Harbor provision is significant because it outlines the specific criteria that must be met for health information to be considered de-identified under HIPAA. Once data has been de-identified according to these criteria, it is stripped of identifiers that could link it back to an individual, thereby safeguarding privacy. This provision allows for the use of the information for research, analysis, and other purposes without it being considered Protected Health Information (PHI).

The Privacy Act, the Security Rule, and the HITECH Act serve different functions. The Privacy Act governs the handling of personal information by federal agencies; the Security Rule sets standards for securing PHI in electronic formats; and the HITECH Act promotes the adoption of health information technology while enhancing penalties for breaches of health information. None of these directly pertain to the de-identification process as specifically as the Safe Harbor provision does.

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