Does HIPAA impose legal obligations on both the covered entity and the Business Associate?

The question addresses the legal obligations imposed by HIPAA (Health Insurance Portability and Accountability Act) on both covered entities and business associates. The correct answer indicates that only the covered entity has obligations under HIPAA.

Under HIPAA, covered entities—such as healthcare providers, health plans, and healthcare clearinghouses—are required to protect the privacy and security of protected health information (PHI). These entities have specific responsibilities to ensure compliance with HIPAA regulations, including the implementation of privacy policies, safeguarding patient data, and providing patients with rights over their health information.

However, it is important to recognize that business associates, which are individuals or entities that perform functions on behalf of covered entities involving the use or disclosure of PHI, also have their own obligations under HIPAA. The law mandates that business associates comply with certain provisions relating to the handling of PHI, particularly when they enter into a Business Associate Agreement (BAA) with a covered entity.

While the intended answer suggests that obligations do not extend to business associates, the reality is that both parties have their respective responsibilities. Covered entities must ensure compliance and manage their own HIPAA requirements while also ensuring their business associates understand and adhere to the applicable standards. This mutual compliance is essential for the overall protection