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.