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42 U.S.C. § 17935 — Application of privacy provisions and penalties to business associates of covered entities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17935 — Application of privacy provisions and penalties to business associates of covered entities

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d-5&num=0&edition=prelim), 1320

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Stable record: federal_law:legal_authorities:record_usc_51a3a8fc42e944d24560fe98
Source file: Laws/federal/codes/united-states-code/title-42/section-17935-application-of-privacy-provisions-and-penalties-to-business-associates-o--63b83b06ca.md
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Source location: Title 42, Chapter 156, § 17935; chapter-156-health-information-technology.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17931 — Definitions

In this subchapter, except as specified otherwise: (1) **Breach** (A) *In general* — The term “breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. (B) *Exceptions* — The term “breach” does not include— (i) any unintentional acquisition, access, or use of protected health information by an employee or individual acting under the authority of a covered entity or business associate if— (I) such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate; and (II) such information is not further acquired, accessed, used, or disclosed by any person; or (ii) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at 11 So in original. Probably should be followed by “the”. same facility; and (iii) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person. (2) **Business associate** — The term “business associate” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (3) **Covered entity** — The term “covered entity” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations. (4) **Disclose** — The terms “

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d — Definitions

For purposes of this part: (1) **Code set** — The term “code set” means any set of codes used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes. (2) **Health care clearinghouse** — The term “health care clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements. (3) **Health care provider** — The term “health care provider” includes a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/u&num=0&edition=prelim)), a provider of medical or other health services (as defined in [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim)), and any other person furnishing health care services or supplies. (4) **Health information** — The term “health information” means any information, whether oral or recorded in any form or medium, that— (A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. (5) **Health plan** — The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-9

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d — Definitions

Page 2746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320c–20 1 So in original. Probably should be ‘‘Part’’. tions between Professional Standards Review Organiza- tions and administrative instrumentalities. Section 1320c–15, act Aug. 14, 1935, ch. 531, title XI, § 1166, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(h), 91 Stat. 1189, related to general prohibi- tion against disclosure of data or information and ex- ceptions to such prohibition. See section 1320c–9 of this title. Section 1320c–16, act Aug. 14, 1935, ch. 531, title XI, § 1167, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(i), (n), 91 Stat. 1190, 1191, related to limitation of liability of persons providing information to Profes- sional Standards Review Organizations and Statewide Professional Standards Review Councils. See section 1320c–6 of this title. Section 1320c–17, act Aug. 14, 1935, ch. 531, title XI, § 1168, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444; amended Dec. 31, 1975, Pub. L. 94–182, title I, § 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L. 95–142, § 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2113(j), 95 Stat. 795, related to authorization for use of funds for administering professional review program, transfer of moneys between funds, and pay- ments for Professional Standards Review Organiza- tions. See section 1320c–8 of this title. Section 1320c–18, act Aug. 14, 1935, ch. 531, title XI, § 1169, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444, related to technical assistance given to organizations desiring to be designated as Pro- fessional Stand

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17935 — Restrictions on certain disclosures and

Page 9072 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17934 develop and maintain a multi-faceted national education initiative to enhance public trans- parency regarding the uses of protected health information, including programs to educate in- dividuals about the potential uses of their pro- tected health information, the effects of such uses, and the rights of individuals with respect to such uses. Such programs shall be conducted in a variety of languages and present informa- tion in a clear and understandable manner. (Pub. L. 111–5, div. A, title XIII, § 13403, Feb. 17, 2009, 123 Stat. 263.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title. § 17934. Application of privacy provisions and penalties to business associates of covered entities (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 Regula- tions, with such covered entity, the business as- sociate may use and disclose such protected health information only if such use or disclo- sure, 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 asso- ciate and shall be incorporated into the business associate agreement between the business asso- ciate and the covered e

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