Hipaa Privacy Data Use Agreement printable pdf download

HIPAA PRIVACY DATA USE AGREEMENT

This Data Use Agreement (this "Agreement") is entered into effective as of ________________________

by and among ______________________________________________________________________

(herein "Covered Entity" or the “Practice”) and EchoScribe Inc. (herein “Recipient”) in order to comply

with the requirements of the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191),

42 U.S.C. Section 1320d, et. seq., and regulations promulgated there under, as may be amended from

time to time (statute and regulations hereafter collectively referred to as "HIPAA") [Covered Entity and

Recipient may be referred to herein individually as a "Party" or collectively as the "Parties"]. Terms used,

but not otherwise defined, in this Agreement shall have the same meaning as those terms in HIPAA.

STATEMENT OF AGREEMENT

1. HIPAA Compliance and Agents. Recipient hereby agrees to fully comply with the requirements

under HIPAA as applicable with respect to Limited Data Set information, including, without

limitation, 45 C.F.R. §164.514, throughout the term of this Agreement. Further, Recipient agrees

that to the extent it has access to PHI, Recipient will fully comply with the requirements of HIPAA

and this Agreement with respect to such PHI; and, further, that every agent, employee, subsidiary,

and affiliate of Recipient to whom it provides PHI or Limited Data Set information received from, or

created or received by Recipient on behalf of, Covered Entity will be required to fully comply with

HIPAA, and will be bound by written agreement to the same restrictions, terms and conditions as

set forth in this Agreement. If Covered Entity is required by HIPAA to maintain a Notice of Privacy

Policies, Recipient acknowledges that it has received a copy of such notice, read and understands

its terms, conditions, and hereby agrees to the extent applicable, to comply and act in accordance

with such Notice as it may be amended from time to time by Covered Entity.

2. Use and Disclosure; Rights. Recipient agrees that it shall not to use or disclose PHI or Limited

Data Set information except as permitted under this Agreement. Recipient may use or disclose the

Limited Data Set information received or created by it, (a) to perform its obligations under this

Agreement consistent only with research, public health or limited health care operations purposes,

in order to properly manage and administer its business, (b) to carry out its legal responsibilities if

the disclosure is required by law, or (c) for data aggregation functions, as defined by HIPAA. If

pursuant to subsections (a), (b), or (c) above, Recipient discloses Limited Data Set information to

others, the Recipient must obtain reasonable assurances from the person to whom the information

is disclosed that it will be held confidentially and used or further disclosed only as required by law

or for the purpose for which it is disclosed to the person and the person notifies Recipient of any

instances of which it is aware that the confidentiality of the information has been breached.

Recipient may not disclose Limited Data Set information in a manner that would violate HIPAA if

Recipient were a covered entity thereunder. Recipient may only disclose Limited Data Set

information to and permit the following persons or classes of persons to use such information, or

other persons as may be agreed upon between Covered Entity and Recipient in writing from time to

time. Recipient will not identify or attempt to identify the individual(s) to which the Limited Data

Set information pertains or contact or attempt to contact the individual(s) that Recipient believes to

be the subject of any Limited Data Set information.

3. Safeguards; Location. Recipient agrees to develop, document, use, and keep current appropriate

procedural, physical, and electronic safeguards, sufficient to comply with the requirements of

HIPAA, to prevent any use or disclosure of Limited Data Set information other than as permitted or

required by this Agreement. Recipient agrees to notify Covered Entity of the location of any Limited

Data Set information disclosed by Covered Entity or created by Recipient on behalf of Covered

Entity and held by or under the control of Recipient or those to whom Recipient has disclosed such

Limited Data Set information.

Hipaa Privacy Data Use Agreement

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