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    HIPAA Regulations: General Provisions: Applicability of Part 160 - § 160.102

    As Contained in the HHS HIPAA Rules

     

    HHS Regulations as Amended January 2013
    General Provisions: Applicability - § 160.102

     

    (a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to the following entities:

    (1) A health plan.

     

    (2) A health care clearinghouse.

     

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

     

    (b) Where provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to a business associate.

     

    (c) To the extent required under the Social Security Act,42 U.S.C. 1320a-7c(a)(5), nothing in this subchapter shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978, as amended (5 U.S.C. App.).

     

     

    HHS Description and Commentary From the January 2013 Amendments
    General Provisions: Applicability

     

    This section sets out to whom the HIPAA Rules apply. We proposed to add and include in this final rule a new paragraph (b) to make clear, consistent with the HITECH Act, that certain of the standards, requirements, and implementation specifications of the subchapter apply to business associates.

     

    HHS Description from Original Rulemaking
    General Provisions: Applicability

     

    The proposed rule stated that the subchapter (Parts 160, 162, and 164) applies to the entities set out at section 1172(a) of the Act: health plans, health care clearinghouses, and health care providers who transmit any health information in electronic form in connection with a transaction covered by the subchapter. The final rule adds a provision (§ 160.102(b)) clarifying that to the extent required under section 201(a)(5) of HIPAA, nothing in the subchapter is to be construed to diminish the authority of any Inspector General. This was done in response to comment, to clarify that the administrative simplification rules, including the rules below, do not conflict with the cited provision of HIPAA.