Final answer:
Under HITECH, business associates can face civil and criminal penalties for certain violations.
Step-by-step explanation:
Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, business associates (BAs) can indeed be held liable for civil and criminal penalties for certain violations.
If a BA engages in willful misuse or wrongful disclosure of individually identifiable health information, they can be subject to civil penalties. These penalties can range from $100 to $50,000 for each violation, with a maximum total penalty of $1.5 million per year. Additionally, if a BA knowingly obtains or discloses health information with the intent to sell, transfer, or use it for commercial advantage, personal gain, or malicious harm, they can be subject to criminal penalties.
Therefore, BAs should be aware of their responsibilities and obligations under HITECH to avoid potential penalties.