What Is a Business Associate?

• Author: Rachel V. Rose - Jonathan P. Tomes - Lance H. Rose
• Pages: 1-13

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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

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other than the provision of health care.

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The recent Health Insurance Portability and Accountabil-

ity Act (HIPAA) Omnibus Rule expressly expanded the

denition 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

Associate?

“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

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