Are State, county or local health departments required to comply with the Privacy Rule?
Response: Yes, if a State, county or local health department performs functions that make it a covered entity, or otherwise meets the definition of a covered entity. For example, a state Medicaid program is a covered entity (i.e., a health plan) as defined in the Privacy Rule. Some health departments operate health care clinics and thus are health care providers. If these health care providers transmit health information electronically in connection with a transaction covered in the HIPAA Transactions Rule, they are covered entities. For more information, see the definitions of covered entity, health care provider, health plan and health care clearinghouse in 45 C.F.R.160.103. See also, the Covered Entity Decision Tools posted at http://www.cms.gov/hipaa/hipaa2/support/tools/decisionsupport/default.asp. These tools address the question of whether a person, business or agency is a covered health care provider, health care clearinghouse or health plan. If the health department performs s
Yes, if a state, county, or local health department performs functions that make it a covered entity, or otherwise meets the definition of a covered entity. For example, a state Medicaid program is a covered entity (i.e., a health plan) as defined in the Privacy Rule. Some health departments operate health care clinics and thus are health care providers. If these health care providers transmit health information electronically in connection with a transaction covered in the HIPAA Transactions Rule, they are covered entities. For more information, see the definitions of covered entity, health care provider, health plan, and health care clearinghouse in 45 C.F.R.ยง160.103. If the health department performs some covered functions (i.e., those activities that make it a provider that conducts certain transactions electronically, a health plan or a health care clearinghouse) and other non-covered functions, it may designate those components (or parts thereof) that perform covered functions as
