By establishing new waiver criteria and authorization requirements, hasn't the HIPAA Privacy Rule, in effect, modified the Common Rule?
No. Where both the Privacy Rule and the Common Rule apply, both regulations must be followed. The Privacy Rule regulates only the content and conditions of the documentation that covered entities
must obtain before using or disclosing protected health information for research purposes.
See the fact sheet
and frequently asked questions about the research provisions
for more information about the Common Rule.
Date Created: 12/20/2002
Last Updated: 03/14/2006