Policy Manual sample

MDT Home Health Care Agency, Inc. (b) Business Associate agrees to use appropriate safeguards to prevent misuse or disclosure of the Protected Health Information other than as provided for by this Agreement with all applicable requirements of HIPAA and the HITECH Act. (c) Business Associate agrees to mitigate, shall be liable, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate or associates in violation of the requirements of this Agreement. [This provision may be included if it is appropriate for the Covered Entity to pass on its duty to mitigate damages to a Business Associate.] (d) Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware or any security incident. (e) Business Associate agrees that it will not provide Protected Health Information received from Covered Entity to any external agent or subcontractor without first obtaining a signed authorization from patient or patient’s legal representative. (f) Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner [Insert negotiated terms]____________________, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. [Not necessary if business associate does not have protected health information in a designated record set.] (g) Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual, and in the time and manner [Insert negotiated terms]________________________________. [Not necessary if business associate does not have protected health information in a designated record set.] (h) Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available [to the Covered Entity, or] to the Secretary, in a time and manner [Insert negotiated terms] ____________________ or designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. (i) Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (j) Business Associate agrees to provide to Covered Entity or an Individual, in time and manner [Insert negotiated terms]__________________________________________, information collected in accordance with Section [Insert Section Number in Contract Where Provision (i) Appears] of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. III. Permitted Uses and Disclosures by Business Associate 1. General Use and Disclosure Provisions [(a) and (b) are alternative approaches] (a) Specify purposes: Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, Covered Entity for the following Home Health Agency Agreements G-15