Working for healthcare organizations and startups may involve the possibility of reviewing protected health information (PHI). We take the utmost care in handling this information and limiting our own access to PHI. When neccessary, the following Business Associate Agreement defines how we will handle sensitive health information.

Definitions

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

  1. Business Associate. “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 Capital Technology Services (Registered as Chapin Technology Service LLC).

  2. Covered Entity. “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 YOUR ORGANIZATION.

  3. HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of Business Associate

Business Associate agrees to:

  1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

  2. Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

  3. Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;

    1. Reports of any use or disclosure of protected health information not covered by this agreement will be reported only to the covered entity within 30 calender days.

  4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;

  5. Make available protected health information in a designated record set to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;

    1. Any request for information is subject to fees for labor for preparing the requested records, supplies necessary for delivering records, postage if the records are requested to be mailed, and labor involved in preparing and explanation of the record set.

    2. Requests will be acknowledged and fulfilled within 30 calender days.

  6. Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;

    1. The business associate will forward all requests for record modification to the covered entity within 30 calendar days.

  7. Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;

    1. Requests will be acknowledged and fulfilled within 30 calender days.

  8. To the extent the business associate is to carry out one or more of covered entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and

    1. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by Business Associate

  1. Business associate may only use or disclose protected health information

    1. as necessary to perform the services set forth in any contract for custom software development

    2. When conducting any analysis on a data set in order to understand the business requirements of a covered entity

    3. The business associate may de-identify the records in a data set by removing names, identifiers of an individual, and geographic information more specific than a state or territory level.

    4. The business associate may only disclose de-identified data or products containing de-identified data to the covered entity.

  2. Business associate may use or disclose protected health information as required by law.

  3. Business associate agrees to make uses and disclosures and requests for protected health information consistent with covered entity’s minimum necessary policies and procedures.

  4. Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity.

Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

  1. Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.

  2. Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.

  3. Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.

Term and Termination

  1. Term. The Term of this Agreement shall be effective as of July 22nd, 2016, and shall terminate on July 22nd, 2017 or on the date covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

  2. Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement.

  3. Obligations of Business Associate Upon Termination.

    1. Upon termination of this Agreement for any reason, business associate shall destroy or return to covered entity all protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, that the business associate still maintains in any form. Business associate shall retain no copies of the protected health information.

  4. Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.

Approval

This agreement has been signed by the parties.

Capital Technology Services (Registered as Chapin Technology Service LLC)

Signed : ________________________

Name :

Title :

Date :

YOUR ORGANIZATION

Signed : ________________________

Name :

Title :

Date :

  • Both parties must sign above and keep a copy for their own records.