APPLICABILITY OF THE GENERAL PROVISIONS
SECTION 164.104
As Contained in the HHS Final HIPAA Privacy Rules

Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this part apply to the following entities:

A health plan.

A health care clearinghouse.

A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.

When a health care clearinghouse creates or receives protected health information as a business associate of another covered entity, or other than as a business associate of a covered entity, the clearinghouse must comply with § 164.105 relating to organizational requirements for covered entities, including the designation of health care components of a covered entity.

In the NPRM, we provided that except as otherwise provided, the provisions of this part apply to covered entities: health plans, health care clearinghouses, and health care providers who transmit health information in electronic form in connection with any transaction referred to in section 1173(a)(1) of the Act. The final rule adopts this language.

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