What Is a Business Associate?

AuthorRachel V. Rose - Jonathan P. Tomes - Lance H. Rose
Changes to the Business Associate
Relationship as a Result of the HITECH
Act and the Omnibus Rule
Stated somewhat simplistically, a business associate is a
person or entity that performs a service for or on behalf of
a covered entity
other than the provision of health care.
The recent Health Insurance Portability and Accountabil-
ity Act (HIPAA) Omnibus Rule expressly expanded the
denition of a business associate, which includes the sub-
contractor liability of the business associate (discussed
later). The liability of covered entities and business asso-
ciates for breaches of protected health information (PHI)
was expanded under the Omnibus Rule and the Health
Information Technology for Economic and Clinical Health
Act (HITECH Act).13
What Is a Business
“Information technology and business are becoming inextricably
interwoven. I don’t think anybody can talk meaningfully about one
without talking about the other.”
—Bill Gates, Founder, Microsoft
Rose_HL_IntlHIPAA_20150303_14-13_Final Pass.indd 1 3/5/15 10:53 AM

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