Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
46 lines
2.7 KiB
Markdown
46 lines
2.7 KiB
Markdown
---
|
||
type: "LegalText"
|
||
title: "42 U.S.C. § 17938"
|
||
description: "Business associate contracts required for certain entities"
|
||
jurisdiction: "us"
|
||
corpus: "united_states_code"
|
||
kind: "code_section"
|
||
title_number: 42
|
||
title_name: "THE PUBLIC HEALTH AND WELFARE"
|
||
chapter_number: "156"
|
||
chapter_name: "HEALTH INFORMATION TECHNOLOGY"
|
||
section: "17938"
|
||
citation: "42 U.S.C. § 17938"
|
||
status: "current"
|
||
release_point: "119-100"
|
||
release_date: "2026-06-26"
|
||
source: "official"
|
||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
|
||
source_identifier: "/us/usc/t42/s17938"
|
||
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
|
||
source_hash: "56f43c5acbd5e43fba3b728de4044a9d3df778c6f712672ef37dd404f8be233f"
|
||
raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
|
||
text_hash: "9d92aab899fd68cb01d4d55ad51ab82f741b6cc072a7195f7310ee5672a3ccfa"
|
||
retrieved_at: "2026-07-04"
|
||
confidence: "official"
|
||
tags: ["legal", "us-code"]
|
||
---
|
||
|
||
# 42 U.S.C. § 17938 - Business associate contracts required for certain entities
|
||
|
||
## Text
|
||
|
||
Each organization, with respect to a covered entity, that provides data transmission of protected health information to such entity (or its business associate) and that requires access on a routine basis to such protected health information, such as a Health Information Exchange Organization, Regional Health Information Organization, E-prescribing Gateway, or each vendor that contracts with a covered entity to allow that covered entity to offer a personal health record to patients as part of its electronic health record, is required to enter into a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations and a written contract (or other arrangement) described in section 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009.
|
||
|
||
(Pub. L. 111–5, div. A, title XIII, § 13408, Feb. 17, 2009, 123 Stat. 271.)
|
||
|
||
## Notes
|
||
|
||
Editorial Notes
|
||
|
||
References in TextThis subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables.
|
||
|
||
Statutory Notes and Related Subsidiaries
|
||
|
||
Effective DateSection effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title.
|