---
title: "45 CFR 164.102 HIPAA: Statutory basis"
canonical: "https://dposchool.com/hipaa/section/164.102"
source: "https://www.ecfr.gov/current/title-45/section-164.102"
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 164.102 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart A: General Provisions

# 45 CFR 164.102 HIPAA: Statutory basis

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

## Official text

The provisions of this part are adopted pursuant to the Secretary's authority to prescribe standards, requirements, and implementation specifications under part C of title XI of the Act, section 264 of Public Law 104-191, and sections 13400-13424 of Public Law 111-5.

## 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.

Source credit: \[78 FR 5692, Jan. 25, 2013\]

[45 CFR 164.102 on eCFR](https://www.ecfr.gov/current/title-45/section-164.102)

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 164.102

Previous: [45 CFR 160.552 HIPAA: Harmless error](https://dposchool.com/hipaa/section/160.552)

Next: [45 CFR 164.103 HIPAA: Definitions](https://dposchool.com/hipaa/section/164.103)

## 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
