Technical Prospects, LLC
Business Associate Agreement
By clicking “Yes”, “Agree” or otherwise utilizing the Live Link Remote Services of Technical Prospects, LLC, the User specifically understands, accepts, and agrees to be bound as a “Business Associate” under the following Business Associate Agreement and will perform as required.
Technical Prospects, LLC recommends that you print a copy of this Agreement and retain copies for your records.
Definitions
1. 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.
2. Specific definitions:
a. Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103 and are party(ies) to this agreement.
b. Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103 and are party(ies) to this agreement.
c. 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;
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 [Choose either “covered entity” or “individual or the individual’s designee”] as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
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;
7. Maintain and make available the information required to provide an accounting of disclosures as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;
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
9. 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 use or disclose protected health information as required by law.
2. 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.
Term and Termination
1. Term. The Term of this Agreement shall be effective immediately and shall terminate on the date covered entity terminates it.
2. Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, business associate shall return to covered entity [or, if agreed to by covered entity, destroy] 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.
3. Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.
Miscellaneous
1. Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
2. Amendment. The Parties agree to that this Agreement will be automatically amended from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.
3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.
4. Nothing in this Agreement is intended to create an agency relationship between the parties or make Technical Prospects, LLC liable for any act, error, or omission of Business Associate. Business Associate agrees to release, defend, and indemnify Technical Prospects from and against any claims, expenses, obligations, or liabilities whatsoever related to act, errors, or omissions of Business Associate, including but not limited to violations of HIPAA Rules.
User, Covered Entity, and Business Associate, on behalf of itself, the others, and their respective patients, providers, employees, contractors, and related parties and entities, agree and acknowledge that Technical Prospects will access, Use, Aggregate Data, and query from equipment, systems, and records as needed to improve the performance of the remote functions, enhance predictive analysis and machine learning capabilities, and otherwise serve Technical Prospects’ interests during its performance of the Agreement and related and unrelated activities without interrupting patients’ scan or accessing patient data.