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"Enforcement Rule" means the HIPAA enforcement standards (45 CFR part 160, subparts C, D, and E)."Customer Data" means data submitted by Users into the Services (each as defined in the Terms of Service that comprises part of the Agreement)."Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103."Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103."Breach Notification Rule" means the Breach Notification for Unsecured Protected Health Information Final Rule (45 C.F.R.In consideration of the foregoing and of the mutual representations, warranties, covenants and agreements contained herein, the mutuality, receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:Įxcept as otherwise defined in this BAA, all capitalized terms used in this BAA shall have the meanings set forth in HIPAA and in the Service Agreement. The terms and conditions in this BAA are intended to supersede any conflicting terms and conditions in the Agreements. Accordingly, HIPAA requires CentralReach and Customer to comply with certain obligations under the Privacy Rule, Breach Notification Rule, and Security Rule that relate to the Use, access, and Disclosure of Protected Health Information. To the extent CentralReach creates, receives, maintains, or transmits Protected Health Information on behalf of Customer, CentralReach is a Business Associate of Customer. HITECH imposes certain requirements on Business Associates.
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The services provided to Customer require CentralReach to host Customer Data that may contain Protected Health Information. Customer is permitted to Use or Disclose such Protected Health Information only in accordance with HIPAA and HITECH (and the applicable business associate agreement if Customer is a Business Associate). Customer possesses Protected Health Information that is protected under HIPAA. Please read this Business Associate Agreement ("BAA") carefully, as it forms a contract between CentralReach, LLC a Florida limited liability company ("CentralReach"), and the customer agreeing to these terms ("Customer," "you" or "your"), and covers all services provided by CentralReach to Customer in accordance with Customer's Order ("Services") as part of the Service Agreement as described by the Terms of Service.ĬentralReach and Customer are sometimes referred to in this BAA individually as a "Party" and collectively as the "Parties." This BAA will remain effective for any agreement between the Parties until terminated in accordance with the terms of this BAA.Ĭustomer is a Covered Entity or a Business Associate.