HIPAA/HITECH Obligations Clause Samples

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of patient information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. Data Security. CLIENT will be responsible for establishing and overseeing all information and/or data security measures, which may be needed to maintain and protect the security of all computer systems, networks, files, data, and software related to the services under this Addendum and Agreement. CLIENT will be responsible for providing all education and training to MAXIM Personnel as it relates to CLIENT’s privacy and security processes, including, without limitation the CLIENT’s process and expectations for collecting, storing, securing, and transferring data collected under this Addendum and Agreement. CLIENT acknowledges and understands that no PII or PHI will be relayed, transmitted, or otherwise provided to or stored by MAXIM Personnel and that in terms of Maxim Personnel placed in the CLIENT’s physical or technical environment as a result of this Addendum and Agreement for Services, any Personally identifiable information (“PII”) or Protected Health Information (“PHI”) viewed, created, accessed, and/or stored by MAXIM Personnel would be done solely in the CLIENT’s technical environment. Additionally, CLIENT agrees to indemnify and hold harmless MAXIM, its directors, officers, shareholders, employees, and agents from and against any and all claims, actions, or liabilities arising out of and/or in connection with any data security or lack of data security while MAXIM Personnel is providing Service(s). Rates. The following Rates shall apply: Service Local Hourly Rate Travel Hourly Rate (caregiver located 50 miles outside of facility) Orientation. Rates listed above will be charged for all time spent in orientation. Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week or per applicable state law and will be one and one-half (1.5) times the billing rate.

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student information, to include, without limitation, HIPAA and HITECH.