Policy Manual sample

MDT Home Health Care Agency, Inc. BUSINESS ASSOCIATE CONTRACT I. Definitions (Explain services) _____________________________________________________________________________ _____________________________________________________________________________ (a) Business Associate. “Business Associate'' shall mean [Insert Name of Business Associate]. _____________________________________________________________________________ (b) Covered Entity. “Covered Entity'' shall mean [Insert Name of Covered Entity]. _____________________________________________________________________________ (c) Individual. “Individual'' shall have the same meaning as the term “individual'' in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). ______________________________________________ (d) Privacy Rule. “Privacy Rule'' shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. (e) Protected Health Information. “Protected Health Information'' shall have the same meaning as the term “protected health information'' in 45 CFR 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity. (f) Required By Law. “Required By Law'' shall have the same meaning as the term ““required by law'' in 45 CFR 164.501. (g) Secretary. “Secretary'' shall mean the Secretary of the Department of Health and Human Services or his designee. (h) Data Aggregation: shall mean, with respect to the PHI created or received by Business Associate or associates in its capacity as the Business Associate of our Agency, the combining of such PHI received by Business Associate in its capacity as a Business Associate of another covered entity, to permit data analyses that relate to the Health Care Operations of the respective Covered Entities. (i) Designated Record set: shall mean a group of records maintained by or for our Agency that is (1) the medical records and billing records about individuals maintained by our Agency, (2) the admission, payment, claims adjudication, and case or medical management record system maintained by our Agency, or (3) used, in whole or in part, by or for our Agency to make decisions about individuals. (j) Electronic Media: shall mean (1) electronic storage media including memory devices in computer (such hard disks), and any removable/transportable digital memory medium (such as magnetic tape, backup disk, optical disk, memory card, or (2) transmission media used to exchange information already storage media (such as internet (wide-open), extranet (using internet technology to link a business with information accessible only to collaborating parties), leased lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media, because the information being exchanged did not exist in electronic form before transmission. (k)Electronic PHI: shall mean PHI that is transmitted by or maintained in Electronic Media. (l) “HITECH Act” shall mean the Health Information Technology for Economic and Clinical Health (HITECH) Act and its implementing guidance and regulations, all as may be amended from time to time. II. Obligations and Activities of Business Associate, associates and subcontractors: (a) Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required By Law. Home Health Agency Agreements G-14