164.104 Applicability

3. Section 164.104 is revised to read as follows:

1. 164.104(a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this part apply to the following entities:
   1. A health plan.
   2. A health care clearinghouse.
   3. A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.
2. 164.104(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.