HITECH Act
Subtitle D Part 1: improved privacy and security provisions (sections 13401 to 13412) – HITECH Act

HITECH Act 13401: Section 13401: HIPAA Security Rule safeguards and penalties apply directly to business associates

The administrative, physical and technical safeguards and the policies and documentation requirements of the Security Rule (45 CFR 164.308, 164.310, 164.312 and 164.316) apply to a business associate of a covered entity in the same manner as to the covered entity, and the additional security requirements of the title apply to it and must be written into the business associate agreement; the civil and criminal penalties of sections 1176 and 1177 of the Social Security Act apply to a business associate that violates them. The Secretary issues annual guidance on the most effective technical safeguards.

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Other controls in Subtitle D Part 1: improved privacy and security provisions (sections 13401 to 13412) – HITECH Act

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