--- title: "45 CFR 160.518 HIPAA: Exchange of witness lists, witness statements, and exhibits" canonical: "https://dposchool.com/hipaa/section/160.518" source: "https://www.ecfr.gov/current/title-45/section-160.518" 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 160.518 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings # 45 CFR 160.518 HIPAA: Exchange of witness lists, witness statements, and exhibits eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 45 CFR 160.518(a) **(a)** The parties must exchange witness lists, copies of prior written statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements that the party intends to offer in lieu of live testimony in accordance with § 160.538, not more than 60, and not less than 15, days before the scheduled hearing, except that if a respondent intends to introduce the evidence of a statistical expert, the respondent must provide the Secretarial party with a copy of the statistical expert's report not less than 30 days before the scheduled hearing. **(b)(1)** If, at any time, a party objects to the proposed admission of evidence not exchanged in accordance with paragraph (a) of this section, the ALJ must determine whether the failure to comply with paragraph (a) of this section should result in the exclusion of that evidence. #### 45 CFR 160.518(a)(2) **(2)** Unless the ALJ finds that extraordinary circumstances justified the failure timely to exchange the information listed under paragraph (a) of this section, the ALJ must exclude from the party's case-in-chief— ##### 45 CFR 160.518(a)(2)(i) **(i)** The testimony of any witness whose name does not appear on the witness list; and ##### 45 CFR 160.518(a)(2)(ii) **(ii)** Any exhibit not provided to the opposing party as specified in paragraph (a) of this section. #### 45 CFR 160.518(a)(3) **(3)** If the ALJ finds that extraordinary circumstances existed, the ALJ must then determine whether the admission of that evidence would cause substantial prejudice to the objecting party. ##### 45 CFR 160.518(a)(3)(i) **(i)** If the ALJ finds that there is no substantial prejudice, the evidence may be admitted. ##### 45 CFR 160.518(a)(3)(ii) **(ii)** If the ALJ finds that there is substantial prejudice, the ALJ may exclude the evidence, or, if he or she does not exclude the evidence, must postpone the hearing for such time as is necessary for the objecting party to prepare and respond to the evidence, unless the objecting party waives postponement. ### 45 CFR 160.518(c) **(c)** Unless the other party objects within a reasonable period of time before the hearing, documents exchanged in accordance with paragraph (a) of this section will be deemed to be authentic for the purpose of admissibility at the hearing. ## 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 160.518 on eCFR](https://www.ecfr.gov/current/title-45/section-160.518) 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 160.518 Previous: [45 CFR 160.516 HIPAA: Discovery](https://dposchool.com/hipaa/section/160.516) Next: [45 CFR 160.520 HIPAA: Subpoenas for attendance at hearing](https://dposchool.com/hipaa/section/160.520) ## 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