Business Associate Agreement
This Business Associate Concord is entered into by and between 911.bg, Inc. ("Clinic112") and any Healthcare Providers that have entered into a Physician User Concord with Clinic112, unless Clinic112 and such Healthcare Provider have executed a separate business associate concord that addresses the same subject matter as this Business Associate Concord. This Business Associate Concord applies with respect to any and all Protected Health Information that may be collected, accessed, used, processed or disclosed pursuant to Clinic112 performance and Healthcare Provider's receipt of services under the Physician User Concord.
Clinic112 may from time to time act as a business associate in the performance of services for Healthcare Provider under the Physician User Concord. In such event, the Healthcare Provider is a covered entity. Pursuant to this Business Associate Concord, Clinic112 and the Covered Entity agree to access, use, process and disclose any such Protected Health Information in compliance with the requirements of law.
By accepting the terms of the Physician User Concord or by receiving services from Clinic112 pursuant to the Physician User Concord that require Clinic112 to access, use, process or disclose Protected Health Information, Healthcare Provider accepts the terms of this Business Associate Concord.
1.1 Clinic112 may from time to time disclose Protected Health Information to Healthcare Provider in conjunction with Healthcare Provider's receipt of services under the Physician User Concord and Healthcare Provider may from time to time disclose Protected Health Information to Clinic112 for use by Clinic112 in performing services under the Physician User Concord. For purposes of this Concord, "Protected Health Information" is limited to Protected Health Information, as defined in law and their implementing rules, that is accessed, used, processed or disclosed pursuant to the Physician User Concord.
1.2 Neither party shall access, use, process or disclose such Protected Health Information for any purpose other than as permitted under this Business Associate Concord. Each party may access, use, process and disclose the Protected Health Information it receives for the proper management and administration of such party, to perform its obligations under and receive the benefits of the service delivered under the Physician User Concord and to otherwise carry out its legal responsibilities; provided, however, that in all cases such use is permitted under applicable law. Either party may disclose Protected Health Information if the disclosure is required by law. Either party may also disclose Protected Health Information for the proper management and administration of the business of such party, provided it obtains 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 and for the purpose for which it was disclosed.
1.3 Each party shall maintain appropriate safeguards including, but not limited to, administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the Protected Health Information.
1.4 If either party becomes aware of any unauthorized access to or use, processing or disclosure of unsecured Protected Health Information, it shall so notify the other party. Such notice shall contain: (a) the date of discovery of the unauthorized access, use, processing or disclosure; (2) a listing of the identification of individuals and/or classes of individuals who are subject to the unauthorized access, use, processing or disclosure; and (3) a general description of the nature of the unauthorized access, use, processing or disclosure. The party responsible for such unauthorized access, use, processing or disclosure shall perform an appropriate risk assessment to determine whether the Protected Health Information has been compromised. In performing the risk assessment, such party will consider a combination of factors such as: (a) the nature and extent of the Protected Health Information affected, (b) the unauthorized person who impermissibly used the Protected Health Information or to whom the Protected Health Information was impermissibly disclosed; (c) whether Protected Health Information was acquired or viewed and (d) the extent to which the risk to the Protected Health Information has been mitigated. The results of such risk assessment shall be provided to other party. Clinic112 is not responsible for monitoring Healthcare Provider’s own access to or use, processing or disclosure of Protected Health Information.
1.5 In the event of an unauthorized access to or use, processing or disclosure of unsecured Protected Health Information, the party responsible for such unauthorized access to or use, processing or disclosure of unsecured Protected Health Information will use reasonable efforts to mitigate, to the extent practicable, any harmful effect arising from such unauthorized access to or use, processing or disclosure of unsecured Protected Health Information.
1.6 The parties will cooperate with respect to any required notifications that must be made to the individuals or the media with respect to any unauthorized access to or use, processing or disclosure of unsecured Protected Health Information.
1.7 With respect to any Subcontractor or agent to whom either party provides Protected Health Information, the disclosing party shall first contractually obligate such Subcontractor or agent to agree to protect such Protected Health Information pursuant to terms and conditions at least as protective as the terms of this Business Associate Concord
1.8 Clinic112 may de-identify any and all Protected Health Information that is in its possession or control provided that Clinic112 implements de-identification criteria in accord with applicable law. De-identified information does not constitute Protected Health Information and is not subject to the terms of this Business Associate Concord.
2. Compliance with Law
2.1 Each party is responsible for its own compliance with any and all existing or subsequent laws, whether by statute, regulation, common law, or otherwise, related to its access to or use, processing or disclosure of Protected Health Information. Healthcare Provider agrees that it shall have and maintain appropriate consents from data subjects, as may be necessary, for Clinic112 to access, use, process and disclose Protected Health Information in accordance with its delivery of services under the Physician User Concord and as otherwise permitted under this Business Associate Concord.
2.2 The parties shall provide each other only the minimum amount of Protected Health Information necessary for Clinic112 to perform the services described in the Physician User Concord.
2.3 each party shall make available to HHS the internal practices, books, and records of such party relating to the use and disclosure of Protected Health Information for purposes of ensuring compliance with the provisions of law
2.4 In the event that Clinic112 receives an inquiry from an individual for access to or the right to amend Protected Health Information, it shall advise Healthcare Provider of that communication and the request. The parties shall cooperate in making Protected Health Information available to the individual and in making the requested amendment of Protected Health Information. The Healthcare Provider shall retain and make available on request information required to provide an accounting of disclosures in accordance with the provisions of internal law.
4. Default, Termination
4.1 In the event that either party reasonably determines that the other has accessed, used, processed or disclosed unsecured Protected Health Information in a manner inconsistent with a material term of this Business Associate Concord, it shall provide written notice of such breach to the other party and specify in reasonable detail any such breach. Upon receipt of such written notice, the receiving party shall have 30 days to achieve compliance with this Business Associate Concord or to establish a reasonable schedule for compliance with this Business Associate Concord. In the event that a party fails or refuses to comply with this obligation, the other party may terminate the Concord upon written notice. If either party reasonably determines that the other party has accessed, used, processed or disclosed Protected Health Information in a manner inconsistent with this Concord following written notice of a prior breach, the non-breaching party may immediately terminate the Concord.
4.2 Within 30 days of termination of this Business Associate Concord, Clinic112 shall return to Healthcare Provider, or destroy, the Protected Health Information made available to Clinic112 by the Healthcare Provide that is in Clinic112 control and take reasonable steps to ensure that Clinic112 has no means of identifying or reidentifying individuals who are the subject of such Protected Health Information. Clinic112 shall also contractually obligate any Subcontractor to return to Clinic112, or destroy, any such Protected Health Information in the Subcontractor's control.
4.3 In the event that Clinic112 is unable to return or destroy the Protected Health Information in its control, Clinic112 shall continue to protect such Protected Health Information from further disclosure.
4.4 UNDER NO CIRCUMSTANCES WILL Clinic112 OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF ITS ACCESS TO OR USE, PROCESSING OR DISCLOSURE OF PROTECTED HEALTH INFORMATION, EVEN IF IT OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; thus, this limitation may not be applicable.
4.5 Healthcare Provider will defend, indemnify, and hold harmless Clinic112 and its affiliates, and its and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from Healthcare Provider's (i) unauthorized access to or use, processing or disclosure of Protected Health Information, (ii) breach of this Business Associate Concord or (iii) violation of applicable law.
5. Fees and Services
Health care providers are required to strictly comply with the conditions of the orders they receive from their patients declared their services. Are obliged to comply with all written commitments undertaken by correspondence with patients.
6. Notices; Contacting Clinic112
Any notices to Healthcare Provider may be sent to the e-mail address that is provided to Clinic112 in the Healthcare Provider's registration, and will be deemed given one business day after the e-mail is sent. Notices to Clinic112 must be sent to firstname.lastname@example.org and the following address:
Sofia, Bulgaria, 16 Zlaten rog str.
The patient may hold Clinic112.com consultation by a medical professional (doctor), which is detrimental to his health.
Clinic112 not carry advertising of medicinal preparations and only allows patients and doctors to discuss the effectiveness of their application
based on their personal experience acquired off-line Clinic112 only intermediary medium of communication between patients and health professionals.
The type of services and consultations shall be determined by the medical staff Failure to pay by the patient to a medical specialist service is the responsibility of medical professionals. Clinic112 not responsible!
Each participant clinic112 respectively Medical professionals and patients responsible for the accuracy of the data published in your account and in your communication.
Clinic112 not responsible for amounts that are paid into a bank account of a medical professional.
Each participant Clinic112 must verify the accuracy of the data published on the people they communicate and whose opinion to trust.
Healthcare professionals have the opportunity to seek a patient, but whether he will offer his services depends on his decision, which must comply with local law.
Clinic112 not responsible for the identity of the medical professionals and patients who have profiles on the system. Of course we acceptcomplaints and undertake to eliminate participants with a false identity.
Our policy is against the promotion of healing. We categorically reject the use of knowledge acquired posrvedstvom clinic112.com funds to be used for healing.
At the request of Clinic112 user is entitled to perform the service initially entering information in its profile in order to facilitate user.
Consequently, this action goes through the approval of the user after a request for review of the correctness of the data team Clinic112.com.
User agrees that clinic112.com may to be use information of of him contacts for their invitation to become involved in Clinic112.com.
Healthcare professionals undertake not to prejudice the interests of employers to disclose their trade secrets or using their resources to serve patients.
All users in Clinic112 accepted principles and norms of moral conduct according to Credo and Code Clinic112.
All users agree to report any breach Feedback license rights credo and code Clinic112.
The following provisions will survive the termination of this Business Associate Concord: 1; 4; 5 and 7. Failure to insist on strict performance of any provisions of this Business Associate Concord will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Business Associate Concord will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Business Associate Concord is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between Clinic112 and the Healthcare Provider as a result of this Business Associate Concord. This Business Associate Concord constitutes the entire concord between Clinic112 and the Healthcare Provider with respect to the use of Protected Health Information, and, except and only if the parties have separately executed a stand alone business associate concord, supersedes any and all prior understandings or concords between Clinic112 and the Healthcare Provider, whether written or oral.
BY ACCEPTING THE TERMS OF THE PHYSICIAN USER CONCORD OR BY USING ANY SERVICE MADE AVAILABLE UNDER THE TERMS OF THE PHYSICIAN USER CONCORD, HEALTHCARE PROVIDER ACCEPTS THE TERM AND CONDITIONS OF THIS BUSINESS ASSOCIATE CONCORD. PLEASE NOTE THAT Clinic112 RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE THIS BUSINESS ASSOCIATE CONCORD FROM TIME TO TIME. HEALTHCARE PROVIDER'S CONTINUED USE OF THE SERVICES PROVIDED UNDER THE PHYSICIAN USER CONCORD AFTER ANY SUCH CHANGE TAKES EFFECT WILL BE DEEMED TO CONSTITUTE HEALTHCARE PROVIDER'S ACCEPTANCE OF AND CONCORD TO THE REVISIONS TO THIS BUSINESS ASSOCIATE CONCORD.
All regulating documents of the Clinic112.com complying with health regulations of USA and in particular and is subject to special rules under a federal law called the Health Insurance Portability and Accountability Act of 1996 or "HIPAA", also all regulating documents are complying and follow HITECH specific guidelines.