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Business Associate Agreement Policy

The parties agree that the following conditions, when used in this agreement, will have the following meanings, provided that the following conditions are amended to reflect from time to time the changes to these conditions, as defined in the HIPAA privacy rules, the HIPAA and Hitech security rules (together the HIPAA rules). The terms that are used in this agreement and are not defined differently have the meaning of these terms in the HIPAA rules. Matching contracts. The contract of a covered company or any other written agreement with its counterparty contains the elements covered in paragraph 45 CFR 164.504 (e). The contract must, for example. B Describe the authorized and necessary use of health information protected by the counterparty; provide that the counterparty will not continue to use or disclose protected health information, with the exception of the contract or the law; and require the counterpart to adopt appropriate security measures to prevent the use or disclosure of protected health information that is not provided for by the contract. If a covered entity is aware of a significant violation or violation by the counterparty of the contract or agreement, the covered entity is required to take appropriate steps to correct the violation or terminate the violation and if such measures are inconclusive, to terminate the contract or agreement. If termination of the contract or agreement is not possible, a covered company is required to report the problem to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Please consult our standard contract for business partners. In the event of a violation or non-compliance with a BAA by a counterparty/subcontractor, the covered unit must take appropriate measures to remedy the infringement or terminate the infringement. “If such measures fail, they must terminate the contract or agreement,” HHS explains. “If termination of the contract or agreement is not possible, a covered entity is required to report the issue to the HHS Office for Civil Rights.” 1 The provisions of this agreement consist of this document and constitute the whole agreement between the aforementioned parties. Each party undertakes to bear its own legal costs and any other costs resulting from the application of this contract or an allegation of litigation, breach, delay, misrepresentation or omission in connection with the provisions of this Agreement.

What is a business associate? “counterparty”: a person or organization that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered company or that provide services to a covered business;