Business Associate Agreement
This Business Associate Agreement (“Business Associate Agreement” or “BAA”) applies to the use and disclosure of PHI (defined below) by BAYATREE, Inc. pursuant to a Master License Agreement (“License Agreement”) between BAYATREE and CUSTOMER. Capitalized terms used but not defined in this BAA have the meanings provided in the License Agreement.
HIPAA Compliance
To the extent required by the federal regulations promulgated pursuant to the Health Insurance Portability and Accountability Act, Public Law No. 104-191 (“HIPAA”), as such regulations may be amended or interpreted from time to time, BAYATREE does hereby assure CUSTOMER that it will appropriately safeguard individually identifiable Protected Health Information (“PHI”) made available to or obtained by BAYATREE pursuant to the License Agreement. Without limiting the obligations of BAYATREE otherwise set forth in this Business Associate Agreement or imposed by applicable law, BAYATREE agrees to comply with applicable requirements of law relating to PHI and with respect to any task or other activity BAYATREE performs on behalf of CUSTOMER, and specifically BAYATREE shall:
- Not use or further disclose PHI other than as permitted or required by this Business Associate Agreement or as required by law.
- Use appropriate safeguards to prevent use of disclosure of PHI other than as provided for by this Business Associate Agreement.
- Report to CUSTOMER any use or disclosure of PHI not provided for by this Business Associate Agreement of which BAYATREE becomes aware.
- Ensure that any subcontractors or agents to whom BAYATREE provides PHI agree to the same restrictions and conditions that apply to BAYATREE with respect to PHI.
- Make available for amendment or release, PHI to the patient in accordance with applicable law.
- Make available to patient the information required to provide an accounting of disclosures pursuant to applicable law.
- BAYATREE will make its internal practices, books, and records relating to the use and disclosure of PHI received from CUSTOMER or created or received by BAYATREE available to the Secretary of the United States Health & Human Services for purposes of determining CUSTOMER’S compliance with applicable law (in all events, BAYATREE shall immediately notify CUSTOMER upon receipt by BAYATREE of any such request, and shall provide CUSTOMER with copies of any such material).
- At termination of this Agreement, if feasible BAYATREE will return or destroy all PHI that BAYATREE still maintains in any form and retain no copies of PHI or if that is not feasible, continue to apply the required protections, and limit further uses and disclosures of that retained PHI.
HITECH Act
As required by the HITECH act:
- BAYATREE will comply with the provisions of the HIPAA Security Rule that are made applicable to business associates by section 13401(a) of the HITECH Act, with the additional provisions of the HITECH Act relating to security that are made applicable to business associates and incorporated into business associate contracts by section 13401(a) of the HITECH Act, and with the additional provisions of the HITECH Act relating to privacy that are made applicable to business associates and incorporated into business associate contracts by section 13404(a) of the HITECH Act.
- BAYATREE will report to CUSTOMER the discovery of any breach of unsecured PHI that BAYATREE accesses, maintains, retains, modifies, records, stores destroys or otherwise holds, uses or discloses on CUSTOMER’s behalf, in compliance with the requirements of Section 13402 of the HITECH Act and the regulations promulgated thereunder (45 CFR Parts 160 and 164, Subpart D).
Amendment
The parties agree that this Business Associate Agreement may be amended from time to time if, and to the extent required by, the provisions of HIPAA, HITECH, and regulations promulgated there under, in order to assure that this Business Associate Agreement is consistent therewith.
Terms and Conditions
Except as supplemented and modified herein, the term and conditions of this Business Associate Agreement continue unchanged during the term of the License Agreement.
