The American Recovery and Reinvestment Act of 2009 is commonly known for
its provisions designed to stimulate a flagging economy. However, the
Act’s Title XIII (known as the "Health Information Technology for
Economic and Clinical Health Act" or "HITECH Act") has
another purpose—to impose obligations under the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA") directly on
business associates (as defined under HIPAA) with respect to the way they
handle certain health-related information in connection with an employer’s
health plan and to impose civil or criminal penalties for any violations of
those obligations.
