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There is no one determining factor. The following criteria determines if an entity is a Covered Entity (CE): * A Health Plan * A Health Care Clearinghouse * A Health Care Provider who transmits any health information in electronic form in connection with a transactiopn covered by this subchapter (160.103). In the later's case, pretty much any kind of electronic communication is considered to qualify. While attempts have been made to deny CE status based on the "no transmission" exception, I can't recall a time that's worked. Furthermore, other privacy laws which don't allow that exception can either refer to HIPAA or trigger HIPAA. Ergo, if you provide health care, you are almost certainly a CE.

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Q: What is the determining factor in deciding whether or not health care providers are considered covered entities under HIPAA?
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What are the determining factors in deciding whether or not health care providers are considered covered entities under HIPAA?

There is no one determining factor. The following criteria determines if an entity is a Covered Entity (CE): * A Health Plan * A Health Care Clearinghouse * A Health Care Provider who transmits any health information in electronic form in connection with a transactiopn covered by this subchapter (160.103). In the later's case, pretty much any kind of electronic communication is considered to qualify. While attempts have been made to deny CE status based on the "no transmission" exception, I can't recall a time that's worked. Furthermore, other privacy laws which don't allow that exception can either refer to HIPAA or trigger HIPAA. Ergo, if you provide health care, you are almost certainly a CE.


What is determining factor in deciding whether or not health care providers are considered covered entities under HIPAA?

There is no one determining factor. The following criteria determines if an entity is a Covered Entity (CE): * A Health Plan * A Health Care Clearinghouse * A Health Care Provider who transmits any health information in electronic form in connection with a transactiopn covered by this subchapter (160.103). In the later's case, pretty much any kind of electronic communication is considered to qualify. While attempts have been made to deny CE status based on the "no transmission" exception, I can't recall a time that's worked. Furthermore, other privacy laws which don't allow that exception can either refer to HIPAA or trigger HIPAA. Ergo, if you provide health care, you are almost certainly a CE.


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