§ 17934. Application of privacy provisions and penalties to business associates of covered entities

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(a)Application of contract requirements In the case of a business associate of a covered entity that obtains or creates protected health information pursuant to a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations, with such covered entity, the business associate may use and disclose such protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of section 164.504(e) of such title. The additional requirements of this subchapter that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.

(b)Application of knowledge elements associated with contracts Section 164.504(e)(1)(ii) of title 45, Code of Federal Regulations, shall apply to a business associate described in subsection (a), with respect to compliance with such subsection, in the same manner that such section applies to a covered entity, with respect to compliance with the standards in sections 164.502(e) and 164.504(e) of such title, except that in applying such section 164.504(e)(1)(ii) each reference to the business associate, with respect to a contract, shall be treated as a reference to the covered entity involved in such contract.

(c)Application of civil and criminal penalties In the case of a business associate that violates any provision of subsection

(a)or (b), the provisions of sections 1176 and 1177 of the Social Security Act (42 U.S.C. 1320d–5, 1320d–6) shall apply to the business associate with respect to such violation in the same manner as such provisions apply to a person who violates a provision of part C of title XI of such Act [42 U.S.C. 1320d et seq.].

(Pub. L. 111–5, div. A, title XIII, § 13404, Feb. 17, 2009, 123 Stat. 264.)

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Public Law 111–5
Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes

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Pub. L. 111–5, div. A, title XIII, § 13404
123 Stat. 264
Pub. L. 111–5
123 Stat. 258
act Aug. 14, 1935, ch. 531
49 Stat. 620
section 13423 of Pub. L. 111–5

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cites case law

§ 17934

Application of privacy provisions and penalties to business associates of covered entities

Fed. Reg.×5

Stat.×1

U.S.C.§ 1320d

U.S.C.§ 1305

U.S.C.§ 17931

Pub. L.Pub. L. 111–5, div. A, title XIII, § 13404

Stat.123 Stat. 264

Pub. L.Pub. L. 111–5

Stat.123 Stat. 258

Actact Aug. 14, 1935, ch. 531

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