![]() ![]() ![]() Report to covered entity any use or disclosure of protected health information not provided for by the 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.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 the Agreement.Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law.WPS will use commercially reasonable efforts to comply with applicable provisions of HIPAA, and shall not use or disclose PHI other than as permitted by this BAA or as required by law. parts 160 and 164, Subpart C, as amended from time to time.Įxcept as otherwise limited in this BAA, WPS may use or disclose PHI to perform functions related to the Business Relationship. 1.8 “Security Rule” means the Standards for Security for the Protection of Electronic Protected Health Information, codified at 45 C.F.R.1.7 “Secretary” means the Secretary of HHS.1.6 “PHI” means Protected Health Information as that term is defined under the Privacy Rule, including but not limited to, 45 C.F.R.parts 160 and 164, Subparts A and E, as amended from time to time. 1.5 “Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information, codified at 45 C.F.R.1.4 “HITECH Act” means the Health Information Technology for Economic and Clinical Health Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, as and when amended from time to time.Department of Health and Human Services (“HHS”), including, but not limited to the Privacy Rule, the Security Rule and the Breach Notification Rule, as and when amended from time to time. 1.3 “HIPAA Regulations” means the regulations promulgated under HIPAA and the HITECH Act by the U.S.104-191 as and when amended from time to time. 1.2 “HIPAA” means the Health Insurance Portability & Accountability Act of 1996, P.L.Capitalized terms not otherwise defined in this BAA shall have the same meaning as those terms in the Privacy Rule, the Security Rule, the Breach Notification Rule, and in HIPAA and the HITECH Act, and any regulations promulgated thereunder, as and when amended from time to time. In consideration of the mutual promises set forth below, the parties agree as follows: WHEREAS, the parties desire to protect the privacy of the PHI and to comply with HIPAA, and therefore enter into this BAA setting forth the terms and conditions of WPS’ use of PHI.WHEREAS, Covered Entity desires to utilize WPS’ online platform (such utilization, operation, and administration of the platform constitutes the “Business Relationship,” as that term is used herein, between the parties), and as a result, WPS may have access to certain Protected Health Information (“PHI”) in the course of the parties’ Business Relationship.WHEREAS, WPS operates an online platform that enables users to upload, store, and download electronic data (which may include protected health information) for the purposes of psychological and educational assessment, scoring, and reporting.WHEREAS, Covered Entity is an entity or practitioner subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).All use of this online platform is subject to this Business Associate Agreement (“BAA”), which is entered into by and between you, the user (“Covered Entity”), and WPS,Ī division of Manson Western Corporation, a California corporation (“WPS”), as of the date you acknowledge your acceptance of the BAA by clicking the “I Agree” button at
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