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Text of HHS Fact Sheet: Direct Liability of Business Associates
U.S. Department of Health and Human Services [HHS]
[Official Guidance] May 28, 2019
"OCR has authority to take enforcement action against business associates only for those requirements and prohibitions of the HIPAA Rules as set forth [in this Fact Sheet].... By contrast, OCR lacks the authority to enforce the 'reasonable, cost-based fee' limitation ... against business associates because the HITECH Act does not apply the fee limitation provision to business associates.... If the fee charged is in excess of the fee limitation, OCR can take enforcement action against only the covered entity."
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