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republic-os/legal/us/code/title-42/chapter-7/section-1397j-1.md
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Fabio 76b8ec33a7 Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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---
type: "LegalText"
title: "42 U.S.C. § 1397j1"
description: "General provisions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1397j1"
citation: "42 U.S.C. § 1397j1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1397j1"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "b9e496047185a89275249de4f0aca47846f921dfedbe0eea863933d214fce700"
raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
text_hash: "20b36d4879e20a0abff4a1029ae2cb89f6f0f23b15c15fcf37ee5faca1a11710"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1397j1 - General provisions
## Text
(a) Protection of privacy In pursuing activities under this division, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations.
(b) Rule of construction Nothing in this division shall be construed to interfere with or abridge an elders right to practice his or her religion through reliance on prayer alone for healing when this choice—
(1) is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is competent at the time of the decision;
(2) is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or
(3) may be unambiguously deduced from the elders life history.
(Aug. 14, 1935, ch. 531, title XX, § 2012, as added Pub. L. 111148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 785.)
## Notes
Editorial Notes
References in TextSection 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 264(c) of Pub. L. 104191, which is set out as a note under section 1320d2 of this title.