What is HIPAA?

HIPAA Assurances. In the event Business Associate 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), Business Associate shall:

1. 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;
2. Not use or further disclose the PHI, except as permitted by law;
3. Not use or further disclose the PHI in a manner that had Appy Health, INC. done so, would violate the requirements of HIPAA;
4. 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 disclosure of the PHI other than as provided for by this Agreement;
5. 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 Covered Entity;
6. Report promptly to Appy Health, INC. any security incident or other use or disclosure of PHI not provided for by this Agreement of which Covered Entity becomes aware;
7. Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other formats) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions;
8. Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations;
9. 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;
10. 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 Customer’s compliance with HIPAA; and
11. Incorporate any amendments or corrections to PHI when notified by the Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA.