Are Business Associates required to comply with all Privacy Rules under HIPAA?

Business Associates are entities that perform functions or activities on behalf of a covered entity and handle protected health information (PHI) in that capacity. While they are required to comply with certain provisions of the HIPAA Privacy Rule, they are not subject to all of the Privacy Rule's requirements.

Their compliance is specifically related to the handling and safeguarding of PHI as per the terms of their contract with the covered entity. This includes responsibilities such as implementing safeguards to protect PHI, notifying the covered entity of any breaches, and ensuring that any subcontractors also adhere to these same protections.

The Privacy Rule primarily governs the covered entities, which are healthcare providers, health plans, and healthcare clearinghouses. Business Associates must comply with the specific provisions that apply to them, reflecting their role and responsibilities in managing PHI, which is why they are not required to adhere to every aspect of the Privacy Rule in the same way covered entities are.