--- title: "45 CFR 160.516 HIPAA: Discovery" canonical: "https://dposchool.com/hipaa/section/160.516" source: "https://www.ecfr.gov/current/title-45/section-160.516" source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 45 CFR 160.516 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings # 45 CFR 160.516 HIPAA: Discovery eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 45 CFR 160.516(a) **(a)** A party may make a request to another party for production of documents for inspection and copying that are relevant and material to the issues before the ALJ. ### 45 CFR 160.516(b) **(b)** For the purpose of this section, the term “documents” includes information, reports, answers, records, accounts, papers and other data and documentary evidence. Nothing contained in this section may be interpreted to require the creation of a document, except that requested data stored in an electronic data storage system must be produced in a form accessible to the requesting party. ### 45 CFR 160.516(c) **(c)** Requests for documents, requests for admissions, written interrogatories, depositions and any forms of discovery, other than those permitted under paragraph (a) of this section, are not authorized. ### 45 CFR 160.516(d) **(d)** This section may not be construed to require the disclosure of interview reports or statements obtained by any party, or on behalf of any party, of persons who will not be called as witnesses by that party, or analyses and summaries prepared in conjunction with the investigation or litigation of the case, or any otherwise privileged documents. **(e)(1)** When a request for production of documents has been received, within 30 days the party receiving that request must either fully respond to the request, or state that the request is being objected to and the reasons for that objection. If objection is made to part of an item or category, the part must be specified. Upon receiving any objections, the party seeking production may then, within 30 days or any other time frame set by the ALJ, file a motion for an order compelling discovery. The party receiving a request for production may also file a motion for protective order any time before the date the production is due. #### 45 CFR 160.516(d)(2) **(2)** The ALJ may grant a motion for protective order or deny a motion for an order compelling discovery if the ALJ finds that the discovery sought— ##### 45 CFR 160.516(d)(2)(i) **(i)** Is irrelevant; ##### 45 CFR 160.516(d)(2)(ii) **(ii)** Is unduly costly or burdensome; ##### 45 CFR 160.516(d)(2)(iii) **(iii)** Will unduly delay the proceeding; or ##### 45 CFR 160.516(d)(2)(iv) **(iv)** Seeks privileged information. #### 45 CFR 160.516(d)(3) **(3)** The ALJ may extend any of the time frames set forth in paragraph (e)(1) of this section. #### 45 CFR 160.516(d)(4) **(4)** The burden of showing that discovery should be allowed is on the party seeking discovery. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [45 CFR 160.516 on eCFR](https://www.ecfr.gov/current/title-45/section-160.516) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 160.516 Previous: [45 CFR 160.514 HIPAA: Authority to settle](https://dposchool.com/hipaa/section/160.514) Next: [45 CFR 160.518 HIPAA: Exchange of witness lists, witness statements, and exhibits](https://dposchool.com/hipaa/section/160.518) ## For AI agents - Machine-readable index: https://dposchool.com/hipaa/llms.txt - JSON API: https://dposchool.com/hipaa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents