---
title: "45 CFR 164.104 HIPAA: Applicability"
canonical: "https://dposchool.com/hipaa/section/164.104"
source: "https://www.ecfr.gov/current/title-45/section-164.104"
source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR."
text_as_of: "2026-10-29"
language: "en"
publisher: "DPO School"
---

45 CFR 164.104 HIPAA · Part 164: SECURITY AND PRIVACY · Subpart A: General Provisions

# 45 CFR 164.104 HIPAA: Applicability

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

## Official text

### 45 CFR 164.104(a)

**(a)** Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this part apply to the following entities:

#### 45 CFR 164.104(a)(1)

**(1)** A health plan.

#### 45 CFR 164.104(a)(2)

**(2)** A health care clearinghouse.

#### 45 CFR 164.104(a)(3)

**(3)** A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.

### 45 CFR 164.104(b)

**(b)** Where provided, the standards, requirements, and implementation specifications adopted under this part apply to a business associate.

## Source

Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR.

Source credit: \[68 FR 8375, Feb. 20, 2003, as amended at 78 FR 5692, Jan. 25, 2013\]

[45 CFR 164.104 on eCFR](https://www.ecfr.gov/current/title-45/section-164.104)

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 164.104

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