Business Associates And the Privacy Rule

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The page below is a sample from the LabCE course HIPAA Privacy and Security Rules (to be retired 12/31/2020). Access the complete course and earn ASCLS P.A.C.E.-approved continuing education credits by subscribing online.

Learn more about HIPAA Privacy and Security Rules (to be retired 12/31/2020) (online CE course)
Business Associates And the Privacy Rule

Before the HITECH Act, the Privacy Rule did not govern business associates directly. However, the HITECH Act makes specific requirements of the Privacy Rule applicable to business associates and creates direct liability for noncompliance by business associates with regard to those Privacy Rule requirements. The HITECH Act creates direct liability for uses and disclosures of PHI by business associates that do not comply with its business associate contract or other arrangement under the Privacy Rule.
Any Privacy Rule limitation on how a covered entity may use or disclose protected health information automatically extends to a business associate.