Hipaa Business Associate Agreement (Page 2 of 2) in pdf

ABILITY NETWORK INC |

HIPAA BUSINESS ASSOCIATE AGREEMENT

when ABILITY ceases to perform services for or on behalf of Covered Entity, ABILITY will

destroy all PHI received or if such destruction of PHI is not feasible, continue to abide by the

terms set forth herein with respect to such PHI;

ABILITY will not receive remuneration directly or indirectly in exchange for PHI without

authorization unless an exception under 13405(d) of the HITECH Act applies, and ABILITY will

not receive remuneration for certain communications that fall within the exceptions to the

definition of Marketing under 45 C.F.R. §164.501 unless permitted by the HITECH Act;

following a discovery of a breach of Unsecured Protected Health Information, as defined in 45

C.F.R. § 164.402, notify Covered Entity of such breach within thirty (30) days of the discovery

of the breach; and,

use Covered Entity’s EDI password only as expressly authorized by Covered Entity and only

for the submission and retrieval of Covered Entity’s EDI transactions. If covered entity uses

ABILITY for exchange of EDI transactions with their Medicare contractor, this paragraph grants

this explicit authorization.

3. Term and Termination. The term of this HIPAA Agreement shall be effective as of the date set forth above and

shall terminate when ABILITY ceases to perform services with respect to Covered Entity, except as provided in

2(g) above. Covered Entity may terminate this HIPAA Agreement if ABILITY fails to cure or take substantial

steps to cure a material breach of this HIPAA Agreement within 30 days after receiving written notice of such

material breach from Covered Entity. Upon termination, ABILITY will maintain Covered Entity’s PHI for sixty

(60) days in order for Covered Entity to resubmit claims as necessary. Covered Entity’s PHI will then be

destroyed by ABILITY.

4. Agreement. This Agreement constitutes the entire Agreement between the parties concerning its subject

matter. This Agreement may be amended only in writing signed by Covered Entity and ABILITY. The parties

agree to take such action to amend this Agreement as is necessary to comply with the requirements of HIPAA

and HITECH. This Agreement and the rights and obligations of the parties hereunder shall in all respects be

governed by, and construed in accordance with, the laws of the State of Minnesota, including all matters of

construction, validity and performance.

Covered Entity

ABILITY Network Inc.

By: _____________________________

Title: ____________________________

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