164.104—Applicability.
(a)
Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this part apply to the following entities:
(3)
A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.
(b)
When a health care clearinghouse creates or receives protected health information as a business associate of another covered entity, or other than as a business associate of a covered entity, the clearinghouse must comply with § 164.105 relating to organizational requirements for covered entities, including the designation of health care components of a covered entity.
[68 FR 8375, Feb. 20, 2003]