The Definition of Business Associatedefinition of business

The Definition of Business Associatedefinition of businessA A function or activity involving the use or disclosure of inidually identifiable health information, including claims processing or administration, data analysis, processing or administration, utilization review, quality assurance, billing, benefit management, practice management, and repricing; or

This posting is one of several that outline the HITECH provisions of the American Recovery and Reinvestment Act that President Obama signed into law on Tuesday, February , , in Denver, CO. Here, we reproduce the definitions that appear in Subtitle DPrivacy, Section . Definitions, that appear in the Conference Report on H of Congressional RecordHouse, February , . These definitions are critical in understanding the content of the new HITECH provisions and how they relate to existing HIPAA Administrative Simplification Privacy Rule standards.

B Any other function or activity regulated by this subchapter; or

A covered entity may be a business associate of another covered entity.

The term business associate has the meaning given such term in section . of title , Code of Federal Regulations.

i On behalf of such covered entity or of an organized health care arrangement in which the covered entity participates, but other than in the capacity of a member of the workforce of such covered entity or arrangement, performs, or assists in the performance of

breachbusiness associatecovered entityDiscloseDisclosureelectronic health recordHealth Care OperationsHealth Care Providerhealth planNational CoordinatorPaymentpersonal health recordprotected health informationSecretarySecurityStateTreatmentUseVendor of Personal Health Records

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A covered entity participating in an organized health care arrangement that performs a function or activity as described by paragraph i of this definition for or on behalf of such organized health care arrangement, or that provides a services as described in paragraph ii of this definition to or for such organized health care arrangement, does not, simply through the performance of such function or activity or the provision of such service, become a business associate of other covered entities participating in such organized health care arrangement.

ii Provides, other than in the capacity of a member of the workforce of such covered entity, legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, or financial services to or for such covered entity, or to or for an organized health care arrangement in which the covered entity participates, where the provision of the services involves the disclosure of inidually identifiable health information from such covered entity or arrangement, or from another business associate of such covered entity or arrangement, to the person.

Except as provided in paragraph of this definition, business associate means, with respect to a covered entity, a person who

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