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Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402

There is enclosed $

_for_

_subscription(s) to the publications checked below:

FEDERAL REGISTER $50.00 domestic; $95.00 foreign ($5.00 monthly) CODE OF FEDERAL REGULATIONS $350.00 domestic; $425.00 foreign

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NOTE: Other regulations issued by the Department of Labor appear in Title 20, Chapter I,
Title 29, Subtitle A and Chapters II, IV, V and XVII, and Title 41, Chapters 29, 50 and 60.

Other regulations issued by the Department of Health, Education, and Welfare appear in
Title 21, Chapter I, Title 41, Chapter 3, Title 42, Chapters I, II, and III, and Title 45,
Subtitle A, and Chapters I, II, IV, IX, XIII, and XV.

ADMINISTRATION, DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE

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disclosable under this part, will be made available with the nondisclosable information omitted.

[40 FR 27649, July 1, 1975]

§ 401.2 Authority for refusal to disclose.

Any request or demand for any such file, record, report, or other paper, or information, disclosure of which is forbidden by this part, shall be declined upon authority of the provisions of section 1106 of the Social Security Act, and this part prescribed thereunder. If any officer or employee of the Department is sought to be required, by subpoena or other compulsory process, to produce such file, record, report, or other paper, or give such information, he shall respectfully decline to present such file, record, report, or other paper, or divulge such information, basing his refusal upon the provisions of law, and this part prescribed thereunder.

[20 F.R. 5159. July 20, 1955]

§ 401.3

Disclosure of information relating to individuals.

Disclosure of information relating to individuals is hereby authorized in the following cases and for the following purposes:

(a) (1) As to information (except medical information) directly concerning any claimant or prospective claimant for benefits or payments under Title II or Title XVIII of the Social Security Act;

(1) To such claimant or prospective claimant or his duly authorized representative; or

(ii) To others or to the public but only if such claimant or prospective claimant or his duly authorized representative authorizes disclosure of such information and such disclosure is consistent with the proper and efficient administration of the act; or

(2) As to medical information directly concerning any claimant or prospective claimant for benefits or payments under Title II of the Social Security Act;

(1) To such claimant or prospective claimant or his duly authorized representative, but only if disclosure of such medical information is reasonably necessary for a Title II purpose; or

(ii) To such claimant's or prospective claimant's physician or to a medical institution at or of which such claimant or prospective claimant is a patient, but only if (a) such claimant or prospective claimant or his duly authorized representative consents to the disclosure of

such information, (b) the SC such information, or if such S not available, a physician in the of the Department, consents to s closure, and (c) such disclosure for the purpose of the care or tr of such claimant or prospective ant; or

(3) As to medical informatio cerning an individual obtained administration of Title XVIII;

(1) To such individual or h authorized representative, but disclosure of such medical infor is reasonably necessary for a Title purpose; or

(ii) To such individual's physic to a medical institution at or of such individual is a patient, but d (a) such individual or his duly au ized representative consents to th closure of such information, (b) source of such information, or if source is not available, a physicia the employ of the Department, con to such disclosure, and (c) such di sure is solely for the purpose of the or treatment of such individual; or

(ii) To such individual or his authorized representative or to others other than a Title XVIII purpose, a sta ment limited to the nature of the ill or injury and the services rende when such information is necessary a determination as to what supplem tary benefits or services such individ may be eligible to receive under a pub or private hospital or medical insuran or benefit program which is consiste with the purposes and objectives of Ti XVIII, if the source of such informati does not object to the disclosure, and the case of a disclosure to others tha the individual or his duly authorize representative, only if the individual d his duly authorized representative con sents to such disclosure; or

(4) Statements of earnings and medi cal information authorized to be fur nished under this paragraph may be furnished in summary form or in such detail as is determined by the Department to be consistent with the proper and efficient administration of the old-age, survivors, disability, and health insurance programs under Titles II and XVIII.

(b) After the death of an individual; (1) As to information concerning the fact, date, or circumstances of death of the individual, to any person; or

(2) As to other information relating to the individual (except medical infor

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