HIPAA/HITECH Compliance. To the extent that and for so long as the Borrower or any of its Subsidiaries is a “covered entity” within the meaning of HIPAA and the HITECH Act, each of the Borrower and its Subsidiaries (a) has undertaken or will promptly undertake all necessary compliance efforts required by HIPAA; (b) has developed or will develop a detailed plan for becoming HIPAA and HITECH Compliant (a “HIPAA/HITECH Compliance Plan”); and (c) has implemented or will implement those provisions of such HIPAA/HITECH Compliance Plan necessary to ensure that each of the Borrower and its Subsidiaries is or becomes HIPAA and HITECH Compliant, except to the extent in each case that such failures would not reasonably be expected to have a Material Adverse Effect. For purposes hereof, “HIPAA and HITECH Compliant” shall mean that each of the Borrower and its Subsidiaries (i) is or will be in compliance (except for non-compliance that would not reasonably be expected to have a Material Adverse Effect) with (A) each of the applicable requirements of the so-called “Administrative Simplification” provisions of HIPAA and (B) any or all requirements set forth in the HITECH Act, including, but not limited to, any breach notification requirements, and (ii) is not and would not reasonably be expected to become the subject of any civil or criminal penalty, process, claim, action or proceeding, or any administrative or other regulatory review, survey, process or proceeding (other than routine surveys or reviews conducted by any government health plan or other accreditation entity) that would reasonably be expected to have a Material Adverse Effect.
HIPAA/HITECH Compliance a. The health care component of OHA is a Covered Entity and must comply with the Health Insurance Portability and Accountability Act and the federal regulations implementing the Act (collectively referred to as HIPAA). When explicitly stated in the Program Element definition table located in Exhibit A, LPHA is a Business Associate of the health care component of OHA and therefore must comply with OAR 943-014-0400 through OAR 943-014-0465 and the Business Associate requirements set forth in 45 CFR 164.502 and 164.504. LPHA’s failure to comply with these requirements shall constitute a default under this Agreement.
HIPAA/HITECH Compliance. Notwithstanding additional provisions specifically required by this Addendum, as of the date and in the manner required of business associates by law, Business Associate agrees to and represents and warrants that it will comply with all privacy and security requirements of HIPAA including the HITECH Act (codified at 42 U.S.C. §§ 17921 - 17954) requirements that apply to business associates, and Business Associate also agrees to comply with all regulations issued to implement HIPAA and/or HITECH Act statutory requirements.
HIPAA/HITECH Compliance. The Company and each of its Subsidiaries are operated, and for the past three (3) years have been, in material compliance with, and the Company and each of its Subsidiaries are not, and for the past three (3) years have not received any written notice of investigation with respect to or, to the Knowledge of the Company, threatened to be charged with or given notice of any material violation of the applicable provisions of, the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191 as amended (“HIPAA”), the privacy, security and breach notification requirements of the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), and/or implementing regulations thereof. No examination by any Governmental Entity has resulted, in material adverse findings or any requirement or order to implement material remedial actions by the Company or any of its Subsidiaries. The Company and each of its Subsidiaries have taken commercially reasonable steps to preserve the confidentiality of confidential and non-public information, including personally identifiable information of any natural persons, individually identifiable health information defined as “protected health information” under 45 C.F.R 160.103 (“PHI”), and any other data obtained from customers which the Company or one of its Subsidiaries is obligated to maintain in confidence (collectively, “Confidential Data”). The Company and each of its Subsidiaries have implemented appropriate internal information security policies, which are effectively communicated to employees having access to Confidential Data. The policies and practices of the Company and each of its Subsidiaries with regard to the collection, disclosure and use of Confidential Data are and have been in accordance in all material respects with applicable Laws, including HIPAA and HITECH and with applicable contractual commitments and privacy and security policies of the Company and its Subsidiaries. To the Knowledge of the Company, in the past three (3) years there has been (i) no material security or privacy breach of any Confidential Data, (ii) no material unauthorized access to or use of any Confidential Data, and (iii) no material violation of any security, data protection, privacy policy, or similar applicable Law, including HIPAA and HITECH, involving the Company or any of its Subsidiaries. The Company and each of its Subsidiaries has not received any written complaints, written notices or legal p...
HIPAA/HITECH Compliance. It is the express intention of the parties that these provisions comply with the respective obligations of Dictum Health and Client under HIPAA, as amended by the HITECH Act, which must be recited in a business associate agreement, and these provisions shall be construed to the greatest extent possible to ensure such compliance. To the extent these provisions do not fully recite any provision required to be incorporated by either HIPAA or the HITECH Act, Dictum Health and Client intend that such provision be incorporated herein by reference to HIPAA and the HITECH Act.
HIPAA/HITECH Compliance. A. Contractor is a Business Associate under the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”) and other applicable laws.
B. Contractor agrees to execute a Business Associate Addendum with County to supplement this agreement which is attached as Exhibit F, and incorporated herein by reference.
C. Contractor represents that it has in place policies and procedures that will adequately safeguard any PHI it receives or creates, and Contractor specifically agrees, on behalf of itself, its subcontractors, and agents, to safeguard and protect the confidentiality of PHI consistent with applicable law, including currently effective provisions of HIPAA, the HITECH Act, and the HIPAA Regulations. Policies must address the confidentiality, integrity, and availability of all PHI and ePHI that is created, received, maintained or transmitted; identify and protect against reasonably anticipated threats to the security or integrity of PHI and ePHI; protect against reasonably anticipated, impermissible uses and disclosures; and ensure compliance by workforce members.
D. No later than thirty (30) days after the beginning date of the initial agreement, Contractor must submit to the KernBHRS Compliance Officer, the names and contact information of its current privacy officer, security officer, and compliance officer, and within thirty (30) days of any change of officer(s) during the year in any subsequent agreements, in accordance with federal and state regulations.
E. Where applicable, Contractor agrees to implement appropriate safeguards and maintain individually identifiable patient health information (“Protected Health Information or “PHI,” including electronic PHI) as required by HIPAA.
F. Contractor agrees to submit to County a current copy of their HIPAA Security Rule Annual Risk Assessment upon request.
G. Contractor shall use and disclose only the minimum necessary PHI.
H. Contractor may use and disclose PHI only as permitted under HIPAA for legal, management, and administrative purposes in connection with treatment, payment, and healthcare operations or as required by law.
I. Contractor shall require third parties to whom it may disclose PHI to agree in writing to similar restrictions and to ...
HIPAA/HITECH Compliance. To the extent that and for so long as any RHP Party is a “covered entity” or “business associate” as either such term is defined under HIPAA/HITECH, each RHP Party (a) has undertaken or will promptly undertake or will cause each Operator to take all necessary surveys, audits, inventories, reviews, analyses and/or assessments (including any necessary risk assessments) of all areas of its business and operations required by HIPAA/HITECH and/or that could be adversely affected by the failure of such RHP Party to be HIPAA/HITECH Compliant (as defined below); (b) has developed a detailed plan and time line for becoming HIPAA/HITECH Compliant (a “HIPAA/HITECH Compliance Plan”); and (c) has implemented those provisions of such HIPAA/HITECH Compliance Plan in all material respects necessary to ensure that each RHP Party becomes HIPAA/HITECH Compliant. For purposes hereof, “HIPAA/HITECH Compliant” shall mean that each RHP Party engaged in the operation of the Healthcare Facilities (x) is or will be in compliance with each of the applicable requirements of the so-called Administrative Simplification provisions of HIPAA, and any applicable requirements of HITECH, on and as of each date that any part thereof, or any final rule or regulation thereunder, becomes effective in accordance with its or their terms, as the case may be (each such date, a “HIPAA/HITECH Compliance Date”) and (y) is not and could not reasonably be expected to become, as of any date following any such HIPAA/HITECH Compliance Date, the subject of any civil or criminal penalty, process, claim, action or proceeding, or any administrative or other regulatory review, survey, process or 99305209_1
HIPAA/HITECH Compliance. Borrower is not a “covered entity” or “business associate” as either such term is defined under HIPAA/HITECH.
HIPAA/HITECH Compliance. A. During the term of this Agreement, Contractor may receive from Behavioral Health, or may receive or create on behalf of Behavioral Health certain confidential health or Medi-Cal information (“Protected Health Information” or “PHI”). This PHI is subject to protection under state and federal law, including the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for
B. For purposes of this section, PHI means any information, whether oral or recorded in any form or medium: (a) that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual, and (b) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.
C. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties hereto specifically agree to take such action as is necessary to implement the requirements of HIPAA, the HITECH Act, and HIPAA Regulations and other applicable laws relating to the security or confidentiality of PHI. The parties understand and agree that Contractor must provide to Behavioral Health, after request by Behavioral Health, written evidence that Contractor is in compliance with HIPAA, the HITECH Act, and applicable HIPAA Regulations.
D. Notwithstanding any other provision of this Agreement, Behavioral Health may terminate this Agreement upon twenty (20) days’ notice in the event: (a) Contractor does not promptly provide written evidence of compliance with the HITECH Act and applicable HIPAA Regulations, or (b) Behavioral Health becomes aware that Contractor or any of its subcontractors or agents discloses PHI in a manner that is not authorized by Behavioral Health or by applicable law.
E. Contractor is a Business Associate under the Federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”), and...
HIPAA/HITECH Compliance. The Company shall comply with (i) HIPAA as amended by HITECH and (ii) the terms and conditions of the JourneyLabs Business Associate Agreement.
