---
kind: "section"
citation: "42 U.S.C. § 1397j–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1397j–1"
heading: "General provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1397j-1"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XX — Block Grants and Programs for Social Services and Elder Justice"
  - "Division B — Elder Justice"
---

# §1397j–1. General provisions

- (a) **Protection of privacy—** In pursuing activities under this division, the [Secretary](/usc/42/1301.md?p=a-6) shall ensure the protection of individual health privacy consistent with the regulations promulgated under [section 264(c)](/usc/42/264.md?p=c) of the Health Insurance Portability and Accountability Act of 1996 and applicable [State](/usc/42/619.md?p=5) and local privacy regulations.
- (b) **Rule of construction—** Nothing in this division shall be construed to interfere with or abridge an [elder](/usc/42/1397j.md?p=5)’s 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](/usc/42/1397j.md?p=5) has at the time of the decision by an [elder](/usc/42/1397j.md?p=5) 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](/usc/42/619.md?p=5) law; or
  - (3) may be unambiguously deduced from the [elder](/usc/42/1397j.md?p=5)’s life history.

## Source credit

(Aug. 14, 1935, ch. 531, title XX, § 2012, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 785.)

## Notes

### Editorial Notes

### References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.