HIPAA Business Associate Agreement
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This Agreement is included by reference in IntEn Corporation contracts for medical records conversion.
- "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean IntEn Corporation.
- "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean any entity receiving contract medical records conversion services from the Business Associate.
- "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Disclosure, Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured PHI, and Use.
2. Obligations and Activities of Business Associate
The Business Associate agrees to:
- not use or disclose PHI other than as required to fulfill its contractual obligations, or as required by law;
- use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement;
- report to covered entity any use or disclosure of PHI not provided for by the Agreement of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which it becomes aware;
- not retain PHI;
- not use subcontractors to fulfill its contractual obligations; and
- make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
3. Term and Termination
The term of this Agreement is concurrent with the term of the medical records conversion contract in which this agreement is included by reference.
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