Business Associate Agreement
This Business Associate Agreement ("Agreement") is entered into as of the acceptance date between Twin Tip Solutions LLC, doing business as OVScribe ("Business Associate") and the healthcare professional user ("Covered Entity").
RECITALS
WHEREAS, Covered Entity wishes to use Business Associate's services for medical transcription, record keeping, and related healthcare documentation services;
WHEREAS, Business Associate may receive, maintain, create, use, disclose, or have access to Protected Health Information ("PHI") in connection with providing services to Covered Entity;
WHEREAS, the parties desire to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and their implementing regulations;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. DEFINITIONS
Terms used but not otherwise defined in this Agreement shall have the same meaning as those terms in 45 CFR Parts 160 and 164.
2. OBLIGATIONS OF BUSINESS ASSOCIATE
2.1 Permitted Uses and Disclosures
Business Associate may use or disclose PHI only as necessary to perform services for Covered Entity or as required by law.
2.2 Safeguards
Business Associate shall:
- Implement administrative, physical, and technical safeguards that reasonably protect the confidentiality, integrity, and availability of PHI
- Ensure any agents or subcontractors agree to the same restrictions and conditions
- Report any use or disclosure not provided for by this Agreement within 30 days
2.3 Breach Notification
Business Associate shall notify Covered Entity of any Breach of Unsecured PHI without unreasonable delay and in no case later than 60 days after discovery.
2.4 Access to PHI
Business Associate shall provide access to PHI in accordance with 45 CFR 164.524.
2.5 Amendment of PHI
Business Associate shall make amendments to PHI as directed by Covered Entity.
2.6 Accounting of Disclosures
Business Associate shall maintain and provide an accounting of disclosures of PHI in accordance with 45 CFR 164.528.
3. OBLIGATIONS OF COVERED ENTITY
3.1 Covered Entity shall:
- Provide notice of privacy practices to Business Associate
- Notify Business Associate of any restrictions on use or disclosure of PHI
- Notify Business Associate of any changes in permitted uses or disclosures
4. TERM AND TERMINATION
4.1 Term
This Agreement shall remain in effect until terminated by either party.
4.2 Termination
Either party may terminate this Agreement upon thirty (30) days written notice.
4.3 Effect of Termination
Upon termination, Business Associate shall return or destroy all PHI, if feasible.
5. MISCELLANEOUS
5.1 Regulatory References
A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or amended.
5.2 Amendment
The parties agree to amend this Agreement as necessary for compliance with the HIPAA Rules.
5.3 Survival
The obligations of Business Associate under Section 2 shall survive termination of this Agreement.
5.4 Interpretation
Any ambiguity shall be resolved in favor of a meaning that permits compliance with the HIPAA Rules.
5.5 No Third Party Beneficiaries
Nothing in this Agreement shall confer upon any person other than the parties any rights or remedies.
ELECTRONIC ACCEPTANCE
BY ACCEPTING THIS AGREEMENT ELECTRONICALLY: The Covered Entity acknowledges that they have read, understood, and agree to be bound by the terms of this Business Associate Agreement. This electronic acceptance constitutes a legally binding signature.