42 U.S.C. § 17938 — Business associate contracts required for certain entities
submitted 17 years ago by Pub. L. 111-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 165 words · no verdicts yet
This section requires certain organizations that routinely need access to protected health information to make written agreements with covered entities. It treats those organizations as business associates for the listed federal privacy and security rules.
Each organization that provides data transmission of protected health information* to a covered entity* or its business associate* and routinely needs access to that information—for example, a Health Information Exchange Organization, Regional Health Information Organization, E-prescribing Gateway, or a vendor that contracts with a covered entity so the entity can offer patients a personal health record* as part of its electronic health record*—must make a written contract or other written arrangement with the covered entity. The arrangement must be one described in section 164.502(e)(2) of title 45, Code of Federal Regulations, and one described in section 164.308(b) of that title. The organization is treated as the covered entity’s business associate for this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as those provisions were in effect on February 17, 2009.
Each organization, with respect to a covered entity*, that provides data transmission of protected health information* to such entity (or its business associate*) and that requires access on a routine basis to such protected health information, such as a Health Information Exchange Organization, Regional Health Information Organization, E-prescribing Gateway, or each vendor that contracts with a covered entity to allow that covered entity to offer a personal health record* to patients as part of its electronic health record*, is required to enter into a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations and a written contract (or other arrangement) described in section 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009.
Source credit: (Pub. L. 111–5, div. A, title XIII, § 13408, Feb. 17, 2009, 123 Stat. 271.)
- 2009Enacted · Pub. L. 111-5 · 123 Stat. 271
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-5 on 2009-02-17.
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