(a)  Protection of privacyIn pursuing activities under this division, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations.

(b)  Rule of constructionNothing in this division shall be construed to interfere with or abridge an elder’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 has at the time of the decision by an elder 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 law; or

(3)  may be unambiguously deduced from the elder’s life history.