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BUSINESS ASSOCIATE AGREEMENT
<br />This Business Associate Agreement ("Agreement") is entered between
<br />("Covered Entity") and Med Management Technology LLC ("Business Associate").
<br />1. Purpose and Intent.
<br />Business Associate has agreed to perform certain services for or on behalf of Covered Entity,
<br />which services may involve the creation, maintenance, use, transmission or disclosure of Protected
<br />Health Information within the meaning of the Health Insurance Portability and Accountability Act of 1996
<br />("HIPAA") and its implementing regulations, 45 C.F.R. parts 160 and 164 ("the Privacy and Security
<br />Rules"). This Agreement supplements the parties' agreement for services and is intended and shall be
<br />interpreted so as to satisfy the requirements for Business Associate contracts as set forth in the Privacy
<br />and Security Rules, including 45 C.F.R. §§ 164.314 and .504(e). Business Associate hereby agrees to
<br />comply with applicable provisions of the Privacy and Security Rules and to assist Covered Entity with its
<br />compliance as explained below.
<br />2. Definitions.
<br />Protected Health Information means any information which is created, received, maintained, or
<br />transmitted by Business Associate on behalf of Covered Entity, whether oral or recorded in any form or
<br />medium, that relates to the past, present, or future physical or mental health or condition of an individual,
<br />the provision of health care to an individual, or the past, present, or future payment for the provision of
<br />health care to an individual. See 45 C.F.R. § 160.103. Protected Health Information includes Protected
<br />Health Information that is maintained in or transmitted by electronic media ("Electronic Protected Health
<br />Information"), including but not limited to Protected Health Information maintained on computers,
<br />magnetic tape, optical disk, digital memory, etc., or transmitted through the internet, extranet, leased
<br />lines, dial-up lines, networks, and the physical movement of Protected Health Information maintained on
<br />electronic media. See id.
<br />Disclose and disclosure mean, with respect to Protected Health Information, the release, transfer,
<br />transmission, provision of access to, or divulging in any other manner of Protected Health Information
<br />outside Business Associate's internal operations.
<br />Use and uses mean, with respect to Protected Health Information, the creation, maintenance,
<br />sharing, transmission, employment, application, utilization, examination or analysis of Protected Health
<br />Information within Business Associate's internal operations.
<br />Terms used but not otherwise defined in this Agreement shall be defined as set forth in 45 C.F.R.
<br />Part 160 and Part 164, Subparts A, C, and E.
<br />3. Obligations and Activities of Business Associate.
<br />a. Limits on Use or Disclosure. Business Associate agrees to use or disclose Protected
<br />Health Information only as permitted or required by this Agreement or as required by law.
<br />b. Safeguards. Business Associate agrees to use appropriate safeguards to prevent the
<br />unauthorized use, disclosure, or access to Protected Health Information other than as provided for by this
<br />Agreement. Among other things, Business Associate agrees to use appropriate administrative, physical
<br />and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and
<br />availability of Electronic Protected Health Information that Business Associate creates, receives,
<br />maintains, or transmits on behalf of Covered Entity.
<br />BUSINESS ASSOCIATE AGREEMENT - 1
<br />55555.0713.5940675.1
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