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Besides Safe Harbor, what is HIPAA's other way to de-identify health data?
Expert determination: an expert finds the risk very small.
- The patient signs a waiver
- An expert finds the risk of identifying anyone is very small ✔
- Remove the names and keep the rest
Why: Under expert determination, someone skilled in statistical methods finds the risk of identifying anyone is very small. The expert must document the methods and results.
Huh, didn't know that: A covered entity may keep a secret code to re-identify the data later, if the code is not built from the patient's information.
Why don't scientists trust atoms? Because they make up everything.
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References
Answer: An expert finds the risk of identifying anyone is very small. Under expert determination, someone skilled in statistical methods finds the risk of identifying anyone is very small. The expert must document the methods and results.
- 45 CFR 164.514 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.514
determines that the risk is very small that the information could be used, alone or in combination with other reasonably available information
Checked 2026-10-10. - 45 CFR 164.514 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.514
Documents the methods and results of the analysis that justify such determination
Checked 2026-10-10.
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