These limited circumstances are primarily found in 45 C.F.R. § 164.512, and the Case 4:14-cv-00105-O Document 14 Filed 04/24/14 Page 10 of 25 PageID 71 7 Government relies specifically on § 164.512(f)(1)(ii)(C). However, this provision applies only to “covered entities” under HIPAA, and the Government has wholly failed to produce evidence that would show Dr. Zadeh is a “covered entity” under standards set forth in 42 U.S.C.A. § 1320d-1, 45 C.F.R. § 160.102(a), 45 C.F.R. § 160.103, and 45 C.F.R. § 164.104(a). As such, § 164.512(f)(1)(ii)(C) cannot be a basis for disclosure.

As discussed in more detail in the following section, HIPAA is intended to prevent disclosure of various medical records, except in very limited circumstances. These limited circumstances are primarily found in 45 C.F.R. § 164.512, and the Government relies specifically on § 164.512(f)(1)(ii)(C). However, this provision applies only to “covered entities” under HIPAA, and the Government has wholly failed to allege facts that would show Dr. Zadeh is a “covered entity” under standards set forth in 42 U.S.C.A. § 1320d-1, 45 C.F.R. § 160.102(a), 45 C.F.R. § 160.103, and 45 C.F.R. § 164.104(a).