HITECH Act Compliance. The Health Information Technology for Economic and Clinical Health Act (HITECH) was adopted as part of the American Recovery and Reinvestment Act of 2009. HITECH and its implementing regulations impose new requirements on Business Associates with respect to privacy, security, and Breach notification. Business Associate hereby acknowledges and agrees that to the extent it is functioning as a Business Associate of Covered Entity, Business Associate shall comply with any applicable provisions of HITECH. Business Associate and the Covered Entity further agree that the provisions of HIPAA and HITECH that apply to business associates and that are required to be incorporated by reference in a business associate agreement have been incorporated into this Agreement between Business Associate and Covered Entity. Should any provision not be set forth specifically, it is as if set forth in this Agreement in its entirety and is effective as of the Applicable Effective Date, and as amended.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant changes to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under HIPAA and these changes may be further clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any HHS regulations issued with respect to the HITECH Act. The Parties also agree to negotiate in good faith to modify this BAA as reasonably necessary to comply with the HITECH Act and its regulations as they become effective but, in the event that the Parties are unable to reach agreement on such a modification, either Party will have the right to terminate this BAA upon 30- days’ prior written notice to the other Party.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes several provisions impacting the health care industry, including significant changes to the HIPAA Regulations. The Privacy Subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under the HIPAA Regulations and many of these changes will be clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any implementing regulations and guidance issued thereunder. Also, the Parties agree to modify this Addendum as reasonably necessary to comply with the HITECH Act and its implementing regulations, guidance, and interpretations as they become effective. In Witness Whereof, this Addendum is executed by the Parties as of the date first written above. BANK OF AMERICA, N.A. By: /s/ Xxxx Xxxx Print Name: Xxxx Xxxx Title: VP, Supply Chain BOTTOMLINE TECHNOLOGIES, INC. By: /s/ Xxxxxx X. Xxxxxx Print Name: Xxxxxx X. Xxxxxx Title: President and CEO
1) Customer Service Agreement with [**]
2) Customer Service Agreement with [**]
HITECH Act Compliance. The Health Information Technology for Economic and Clinical Health Act (HITECH Act) was adopted as part of the American Recovery and Reinvestment Act of 2009. The HITECH Act and its implementing regulations impose new requirements with respect to privacy, security, and breach notification. These provisions of the HITECH Act and the regulations are collectively referred to as the "HITECH Provisions." The HITECH Provisions shall apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later (Applicable Effective Date). Trading Partner hereby acknowledges and agrees that it will comply with the applicable provisions of HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. Trading Partner and the Covered Entity further agree that the applicable provisions of HIPAA and the HITECH Act are hereby incorporated into this Agreement between Trading Partner and Covered Entity as is set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date and as amended.
HITECH Act Compliance. The Parties intend to protect the privacy and provide for the security of PHI disclosed to Business Associate in compliance with the HITECH Act. Specifically, the Parties shall comply with applicable requirements imposed on them pursuant to the enactment of the HITECH Act including, but not limited to, the following: a) Security of Electronic PHI; b) Reporting of Breaches; c) Access to PHI; d) Accounting of Disclosures; e) Minimum Necessary of PHI; f) Limitation on Marketing and Fundraising; g) Limitation on Sale of Electronic Health Records and PHI; and h) Notification of Restrictions to Use or Disclosure of PHI.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes provisions that require significant changes and additions to the HIPAA Rules. The Privacy Subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and their agents and subcontractors under the HIPAA Rules. Many of these changes may be further clarified in forthcoming regulations and/or guidance issued by HHS or OCR. Each Party agrees to comply with the applicable provisions of the HITECH Act and any implementing regulations issued thereunder.
HITECH Act Compliance. The HITECH BA Provisions shall apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later (“Applicable Effective Date”). Tellus hereby acknowledges and agrees that, to the extent it is functioning as a business associate of Covered Entity, it will comply with the HITECH BA Provisions and with the obligations of a business associate as prescribed by HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. Tellus and Covered Entity further agree that the provisions of HIPAA and the HITECH Act that apply to business associates and that are required to be incorporated by reference in a business associate agreement are incorporated into this Agreement between Tellus and Covered Entity as if set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date.
HITECH Act Compliance. The Parties will comply with the requirements of the HITECH Act, which are applicable to business associates, and will comply with all regulations issued by HHS to implement these referenced statutes, as of the date by which business associates are required to comply, including but not limited to the following:
(a) Requests for restrictions on use or disclosure to health plans for payment or health care purposes when the provider has been paid out of pocket and consistent with §13405(a);
(b) The prohibition on receiving remuneration for certain communications that fall within the exceptions to the definition of marketing under 45 C.F.R. §164.501 unless permitted by this Agreement and §13406 of the HITECH Act;
(c) The requirement relating to the provisions of access to certain information in electronic format under §13405(e); and
(d) Compliance with each of the Standards and Implementation Specifications of 45 C.F.R. §§ 164.308 (Administrative Safeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards) and 164.316 (Policies and Procedures and Documentation Requirements).
HITECH Act Compliance. All provisions of Subtitle D of the Health Information Technology for Economic and Clinical Health Act, signed into law on February 17, 2009 (“HITECH”), that are made applicable with respect to Covered Entity shall also be applicable to Business Associate, and shall be deemed incorporated herein by reference. In accordance with HITECH and in furtherance of Business Associate’s obligations set forth in this Contract, Business Associate shall:
i) Comply with sections 45 CFR 164.308; 164.310; 164.312; and 164.316 of the Security Rules.
ii) Not use or disclose PHI unless such use or disclosure is in compliance with each applicable requirement of section 45 CFR 164.504(e), provided that Business Associate shall not be in compliance with such section if it knows of a pattern of activity of the Covered Entity that is a material breach or violation of Covered Entity’s obligations under this Contract, unless Business Associate takes reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are unsuccessful, terminate the Contract or, if termination is not feasible, report the problem to the Secretary.
iii) Comply with the applicable minimum necessary rules established by HITECH and pursuant to any applicable regulations promulgated by the Secretary.
iv) Comply with the rules on marketing and fundraising communications established by HITECH and pursuant to any applicable regulations promulgated by the Secretary provided however, that Business Associate shall not make any such communications unless specifically authorized by the Covered Entity.
v) Comply with the rules on restrictions on certain disclosures of PHI requested by Individuals established by HITECH and pursuant to any applicable regulations promulgated by the Secretary.
vi) If Business Associate is responsible for providing an Individual access to PHI maintained in an electronic health record, provide such access in accordance with HITECH and any applicable regulations promulgated by the Secretary.
vii) Comply with the rules on accounting of disclosures of certain PHI maintained in an electronic health record (if Covered Entity uses an electronic health record) established by HITECH and pursuant to any applicable regulations promulgated by the Secretary.
viii) Comply with the rules on the sale of PHI established by HITECH and pursuant to any applicable regulations promulgated by the Secretary.
HITECH Act Compliance. Business Associate will comply with the requirements of the HITECH Act, codified at 42 U.S.C. §§ 17921–17954, which are applicable to business associates, and will comply with all regulations issued by the Department of Health and Human Services (HHS) to implement these referenced statutes, as of the date by which business associates are required to comply with such referenced statutes and HHS regulations. Further, Business Associate will comply with Section 13402 of the HITECH Act, codified at 42 U.S.C. § 17932, and will comply with all regulations issued by HHS to implement this statute, as of the date by which business associates are required to comply with such referenced statutes and HHS regulations. Business Associate agrees to indemnify Covered Entity for any and all costs and expenses incurred by Covered Entity which are directly or indirectly caused by Business Associate’s failure to comply with the HITECH Act and the HITECH Act’s implementing regulations including, without limitation, penalties imposed and expenses incurred related to notifying individuals of a breach caused by Business Associate or its subcontractors in compliance with the HIPAA breach notification requirements set forth at 42 U.S.C. §17932..
