Hipaa Confidentiality And Non-Disclosure Agreement

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HIPAA CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
EMPLOYEE DOCUMENTATION OF HIPAA OMNIBUS RULE TRAINING
THIS AGREEMENT entered into this ____ day of ____________, 20___, by and between
Spectrum Social and Recreation Services, LLC (DBA Spectrum Services), hereafter this
“Healthcare Facility” and _______________________ (name of Employee), hereafter
“Employee”, sets forth the terms and conditions under which information created or
received by or on behalf of this Healthcare Facility (hereafter collectively referred to as
protected health information or “PHI”) may be used or disclosed under state law and the
Health Insurance Portability and Accountability Act of 1996 and updated through HIPAA
Omnibus Rule of 2013 and will also uphold regulations enacted there under (hereafter
“HIPAA”).
THEREFORE, in consideration of the premises and the covenants and agreements
contained herein, the parties hereto, intending to be legally bound hereby, covenant
and agree as follows:
1. All parties acknowledge that meaningful employment may or will necessitate
disclosure of confidential information by this Healthcare Facility to the Employee and
use of confidential information by the Employee. Confidential information includes,
but is not limited to, PHI, any information about patients or other employees, any
computer log-on codes or passwords, any patient records or billing information, any
patient lists, any financial information about this Healthcare Facility or its patients that
is not public, any intellectual property rights of Practice, any proprietary information
of Practice and any information that concerns this Healthcare Facility’s contractual
relationships, relates to this Healthcare Facility’s competitive advantages, or is
otherwise designated as confidential by this Healthcare Facility.
2.
Disclosure and use of confidential information includes oral communications as well
as display or distribution of tangible physical documentation, in whole or in part, from
any source or in any format (e.g., paper, digital, electronic, internet, social networks
like Facebook™ or MySpace™ posting, magnetic or optical media, film, etc.). The
parties have entered into this Agreement to induce use and disclosure of confidential
information and are relying on the covenants contained herein in making any such
use or disclosure.
This Healthcare Facility, not the Employee, is the records owner
under state law and the Employee has no right or ownership interest in any
confidential information.
3. Confidential information will not be used or disclosed by the Employee in violation of
applicable law, including but not limited to HIPAA Federal and State records owner
statute; this Agreement; the Practice’s Notice of Privacy Practices, as amended; or
other limitations as put in place by Practice from time to time. The intent of this
Agreement is to ensure that the Employee will use and access only the minimum
amount of confidential information necessary to perform the Employee’s duties and
will not disclose Confidential information outside this Healthcare Facility unless
expressly authorized in writing to do so by this Healthcare Facility. All Confidential
information received (or which may be received in the future) by Employee will be
held and treated by him or her as confidential and will not be disclosed in any
manner whatsoever, in whole or in part, except as authorized by this Healthcare
Facility and will not be used other than in connection with the employment
relationship.
4. The Employee understands that he or she will be assigned a log-on code or password
by Practice, which may be changed as this Healthcare Facility, in its sole discretion,
sees fit. The Employee will not change the log-on code or password without this

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