HIPAA Regulations: General Provisions: Applicability of Part 160 - § 160.102
As Contained in the HHS HIPAA Rules
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HHS Regulations as Amended January 2013 |
(a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to the following entities:
| 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.