Definitions

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

(a) 2-1-1 Associate.  “2-1-1 Associate” shall generally have the same meaning as the term “Business Associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean any employee or volunteer of Ostomy 2-1-1, Inc.

(b) Entity.  “Entity” shall generally have the same meaning as the term “Covered Entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Ostomy 2-1-1 Inc. and/or any patient or constituent we serve or associate with.

(c) HIPAA Rules.  “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of 2-1-1 Associate

2-1-1 Associate agrees to:

(a) Not use or disclose protected health information other than as permitted or required by this Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by this Agreement;

(c) Report to Entity any use or disclosure of protected health information not provided for by this Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the 2-1-1 Associate agree to the same restrictions, conditions, and requirements that apply to the 2-1-1 Associate with respect to such information;

(e) Make available protected health information in a designated record set to the individual or the individual’s designee as necessary to satisfy Entity’s obligations under 45 CFR 164.524;

(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Entity’s obligations under 45 CFR 164.526;

(g) Maintain and make available the information required to provide an accounting of as necessary to satisfy Entity’s obligations under 45 CFR 164.528;

(h)  To the extent the 2-1-1 Associate is to carry out one or more of Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by 2-1-1 Associate

(a) 2-1-1 Associate may only use or disclose protected health information for purposes such as necessary to perform the services set forth in Service Agreement.

In addition to other permissible purposes, Ostomy 2-1-1 is authorized to remove names, etc. in order to de-identify the information in accordance with 45 CFR 164.514(a)-(c).

(b) 2-1-1 Associate may use or disclose protected health information only as required by law.

(c) 2-1-1 Associate agrees to make uses and disclosures and requests for protected health information consistent with Entity’s minimum necessary policies and procedures.

(d) 2-1-1 Associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Entity, except for the specific uses and disclosures set forth below.

(e) 2-1-1 Associate may use protected health information for the proper management and administration of the 2-1-1 Associate or to carry out the legal responsibilities of the 2-1-1 Associate.

(f) 2-1-1 Associate may disclose protected health information for the proper management and administration of 2-1-1 Associate or to carry out the legal responsibilities of the 2-1-1 Associate, provided the disclosures are required by law, or 2-1-1 Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies 2-1-1 Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(g) 2-1-1 Associate may provide data aggregation services relating to the health care operations of the Entity.

Term and Termination

(a) Term. The Term of this Agreement shall be effective immediately, and shall not or on the date Entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

(b) Termination for Cause. 2-1-1 Associate authorizes termination of this Agreement by Entity, if Entity determines 2-1-1 Associate has violated a material term of this Agreement and 2-1-1 Associate has not cured the breach or ended the violation within the time specified by Entity.  (c) Obligations of 2-1-1 Associate Upon Termination.

Upon termination of this Agreement for any reason, 2-1-1 Associate destroy all protected health information received from Entity, or created, maintained, or received by 2-1-1 Associate on behalf of Entity, that the 2-1-1 Associate still maintains in any form.  2-1-1 Associate shall retain no copies of the protected health information, retaining only information for such purposes of management and administration.

Upon termination of this Agreement for any reason, 2-1-1 Associate, with respect to protected health information received from Entity, or created, maintained, or received by 2-1-1 Associate on behalf of Entity, shall:

    1. Retain only that protected health information which is necessary for 2-1-1 Associate to continue its proper management and administration or to carry out its legal responsibilities;
    2. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as 2-1-1 Associate retains the protected health information;
    3. Not use or disclose the protected health information retained by 2-1-1 Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out at [Insert section number related to paragraphs (e) and (f) above under “Permitted Uses and Disclosures By 2-1-1 Associate”] which applied prior to termination; and
    4. Destroy the protected health information retained by 2-1-1 Associate when it is no longer needed by 2-1-1 Associate for its proper management and administration or to carry out its legal responsibilities.
  • Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.
  • Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.