2013 US Code
Title 42 - The Public Health and Welfare
Chapter 156 - HEALTH INFORMATION TECHNOLOGY (§§ 17901 - 17953)
Subchapter III - PRIVACY (§§ 17921 - 17953)
Part A - Improved Privacy Provisions and Security Provisions (§§ 17931 - 17940)
Section 17931 - Application of security provisions and penalties to business associates of covered entities; annual guidance on security provisions
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 156 - HEALTH INFORMATION TECHNOLOGY SUBCHAPTER III - PRIVACY Part A - Improved Privacy Provisions and Security Provisions Sec. 17931 - Application of security provisions and penalties to business associates of covered entities; annual guidance on security provisions |
Contains | section 17931 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 111-5, div. A, title XIII, §13401, Feb. 17, 2009, 123 Stat. 260. |
Statutes at Large References | 123 Stat. 260, 276 |
Public Law References | Public Law 111-5 |
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Sections 164.308, 164.310, 164.312, and 164.316 of title 45, Code of Federal Regulations, shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The additional requirements of this title 1 that relate to security and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.
(b) Application of civil and criminal penaltiesIn the case of a business associate that violates any security provision specified in subsection (a), sections 1320d–5 and 1320d–6 of this title shall apply to the business associate with respect to such violation in the same manner such sections apply to a covered entity that violates such security provision.
(c) Annual guidanceFor the first year beginning after February 17, 2009, and annually thereafter, the Secretary of Health and Human Services shall, after consultation with stakeholders, annually issue guidance on the most effective and appropriate technical safeguards for use in carrying out the sections referred to in subsection (a) and the security standards in subpart C of part 164 of title 45, Code of Federal Regulations, including the use of standards developed under section 300jj–12(b)(2)(B)(vi) of this title, as added by section 13101 of this Act, as such provisions are in effect as of the date before February 17, 2009.2
(Pub. L. 111–5, div. A, title XIII, §13401, Feb. 17, 2009, 123 Stat. 260.)
REFERENCES IN TEXTThis title, referred to in subsec. (a), is title XIII of div. A of Pub. L. 111–5, which enacted this chapter and subchapter XXVIII (§300jj et seq.) of chapter 6A this title, amended sections 1320d, 1320d–5, and 1320d–6 of this title, and enacted provisions set out as a note under this section and section 201 of this title. For complete classification of title XIII to the Code, see Short Title of 2009 Amendment note set out under section 201 of this title and Tables.
Section 13101 of this Act, referred to in subsec. (c), means section 13101 of div. A of Pub. L. 111–5.
EFFECTIVE DATEPub. L. 111–5, div. A, title XIII, §13423, Feb. 17, 2009, 123 Stat. 276, provided that: "Except as otherwise specifically provided, the provisions of part I [probably means part 1 (§§13401–13411) of subtitle D of title XIII of div. A of Pub. L. 111–5, enacting this part and amending sections 1320d–5 and 1320d–6 of this title] shall take effect on the date that is 12 months after the date of the enactment of this title [Feb. 17, 2009]."
1 See References in Text note below.
2 So in original. Section 300jj–12 of this title was enacted on Feb. 17, 2009.
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