This Privacy Agreement (“Agreement”), is effective upon installation of the United Imaging software and is entered into by and between United Imaging, LLC and the client with whom they are working, from here on referred to as “The Practice”.
1. Term. This Agreement shall remain in effect for the duration of use of our software and shall apply to all of the Services and/or Supplies and/or Patient information delivered by the practice to the Business Associate pursuant to this Agreement or by United Imaging, LLC to the Practice.
2. HIPAA Assurances. In the event United Imaging, LLC creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), United Imaging, LLC shall:
- (a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity;
- (b) Not use or knowingly further disclose the PHI, except as permitted by law;
- (c) Not use or further knowingly disclose the PHI in a manner that had The Practice done so, would violate the requirements of HIPAA;
- (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or intentional disclosure of the PHI other than as provided for by this Agreement;
- (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of The Practice;
- (f) Report promptly to The Practice any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware;
- (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions;
- (h) Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations;
- (i) Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure;
- (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining United Imaging, LLC’s compliance with HIPAA.
3. Termination Upon Breach of Provisions. Notwithstanding any other provision of this Agreement, United Imaging, LLC may immediately terminate this Agreement if it determines that the Practice breaches any term in this Agreement. If the Practice should elect to terminate this Agreement, it must be done so in writing and signed by both parties.
4. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by the Practice, United Imaging, LLC shall either return or destroy all PHI received from the Practice or created or received by United Imaging, LLC on behalf of the Practice in which United Imaging, LLC maintains in any form. United Imaging, LLC shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that United Imaging, LLC determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, United Imaging, LLC shall provide to Covered Entity notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for United Imaging, LLC to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as United Imaging, LLC maintains such Protected Health Information.
5. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries.
6. De-Identified Data. Notwithstanding the provisions of this Agreement, United Imaging, LLC and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified.
7. Amendment. United Imaging, LLC and the Practice agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties.
8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits United Imaging, LLC to comply with the then most current version of HIPAA and the HIPAA privacy regulations.
9. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations.
10. Survival. The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement.