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  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 penalties
In the case of a business associate that violates any security provision specified in subsection (a),sections
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 guidance
For 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.
This 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–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.
Pub. 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–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].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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