Business Associate Agreement (Page 5 of 8) in pdf

(iii)

Have a system in place to report to Covered Entity any security incident of which

Business Associate becomes aware. “Security incident” means the attempted or

successful unauthorized access, use, disclosure, modification, or destruction of

information or interference with system operations in an information system.

VI.

STANDARDS FOR ELECTRONIC TRANSACTIONS

In connection with Standard Transactions, as defined in HIPAA, Business Associate will:

(i)

Comply with all applicable provisions of the HIPAA Standard for Electronic

Transactions Rule on or before the compliance date (the “Transactions

Compliance Deadline”) when exchanging information in covered electronic

transactions. Business Associate will comply with any future required

transactions or code set standards adopted by HHS on or before the required

compliance date.

“Standards for Electronic Transactions Rule” means the final regulations issued

by HHS concerning Standard Transactions and Code Sets under HIPAA Rules, 45

CFR Parts 160 and 162, as may thereafter be amended. “Transactions” means the

types of information exchange between two parties to carry out financial or

administrative activities related to health care as defined in the Standards for

Electronic Transactions Rule.

(ii)

Ensure that any agents, including but not limited to contractors and

subcontractors, that assist Business Associate in conducting Standard

Transactions on behalf of Covered Entity, agree in writing to comply with the

Standards for Electronic Transactions Rule.

(iii)

Not change the definition, data condition, or use of any data element or segment.

(iv)

Not add any data elements or segments to the maximum defined data set in a

Standard Transaction.

(v)

Not use any code or data elements that are either marked “not used’ in the

standard’s implementation specification or are not in the standard’s

implementation specification(s).

(vi)

Not change the meaning or intent of the standard’s implementation

specification(s).

VII.

TERM AND TERMINATION

Term. This Agreement shall be effective as of the date stated above and shall terminate

when all PHI pertaining to Covered Entity which Business Associate maintains is

destroyed or returned to Covered Entity, or, if it is not feasible to return or destroy PHI,

4. BUSINESS ASSOC AGRMT IDICTATE AND QUICKTATE

Business Associate Agreement Page 5