What Is a Business Associate?

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

1

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

11

other than the provision of health care.

12

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

1

Rose_HL_IntlHIPAA_20150303_14-13_Final Pass.indd 1 3/5/15 10:53 AM