[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR164.104]



[Page 741]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 164_SECURITY AND PRIVACY--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  164.104  Applicability.



    (a) Except as otherwise provided, the standards, requirements, and 

implementation specifications adopted under this part 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) When a health care clearinghouse creates or receives protected 

health information as a business associate of another covered entity, or 

other than as a business associate of a covered entity, the 

clearinghouse must comply with Sec.  164.105 relating to organizational 

requirements for covered entities, including the designation of health 

care components of a covered entity.



[68 FR 8375, Feb. 20, 2003]