Final answer:
The health and fitness application developer would not be automatically subject to HIPAA regulations.
Step-by-step explanation:
The health and fitness application developer would not be automatically subject to the terms of HIPAA if they engage in electronic transactions.
HIPAA, the Health Insurance Portability and Accountability Act, sets the standards for the protection of patient information. The act requires businesses that use health information, such as healthcare providers, health information clearinghouses, and health insurance plans, to maintain strict confidentiality of patient records.
However, health and fitness application developers, while they may handle health-related data, are not directly involved in providing healthcare to patients and therefore may not automatically be subject to HIPAA regulations.