Industries & Practices

Health Care Industry


    HIPAA Regulations: Statutory Basis and Purpose of Part 160 - § 160.101

    As Contained in the HHS HIPAA Rules


    HHS Regulations as Amended January 2013
    General Provisions: Statutory Basis and Purpose - § 160.101


    The requirements of this subchapter implement sections 1171-1180 of the Social Security Act (the Act), sections 262 and 264 of Public Law 104-191, section 105 of 492 Public Law 110-233, sections 13400-13424 of Public Law 111-5, and section 1104 of Public Law 111-148.


    HHS Description and Commentary From the January 2013 Amendments
    General Provisions: Statutory Basis and Purpose


    This section sets out the statutory basis and purpose of the HIPAA Rules. We proposed and include in this final rule a technical change to include references to the provisions of GINA and the HITECH Act upon which most of the regulatory changes are based.


    HHS Description
    General Provisions: Statutory Basis and Purpose


    Part 160 applies to all the administrative simplification regulations. We include the entire regulation text in this rule, not just those provisions relevant to this Privacy regulation. For example, the term “trading partner” is defined here, for use in the Health Insurance Reform: Standards for Electronic Transactions regulation, published at 65 FR 50312, August 17, 2000 (the “Transactions Rule”). It does not appear in the remainder of this Privacy rule.

    Sections 160.101 and 160.104 of Subpart A of part 160 were promulgated in the Transactions Rule, and we do not change them here. We do, however, make changes and additions to § 160.103, the definitions section of Subpart A. The definitions that were promulgated in the Transactions Rule and that remain unchanged here are: Act, ANSI, covered entity, compliance date, group health plan, HCFA, HHS, health care provider, health information, health insurance issuer, health maintenance organization, modify or modification, Secretary, small health plan, standard setting organization, and trading partner agreement. Of these terms, we discuss further in this preamble only covered entity and health care provider.