Compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA). As an entity contracted with SHP to market health care coverage products, Solicitor Firm is designated as a business associate of SHP and agrees to execute a business associate agreement with SHP in the form and format provided by SHP. Without limitation of the forgoing, Solicitor Firm shall not use or disclose Protected Health Information (as defined more specifically at 45 C.F.R. § 160.103) for any purpose other than (i) the purposes contemplated by the Agreement (ii) as required or allowed under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder at 45 C.F.R. Parts 160 through 164 (collectively, “HIPAA”); or (iii) as otherwise required by law. In no event may Solicitor Firm use or disclose Protected Health Information in a manner that violates or would violate HIPAA if such activity were engaged in by SHP. Solicitor Firm further agrees to execute the SHP standard Business Associate Agreement as part of SHP’s Solicitor Firm orientation certification and training procedures, which shall be completed before Solicitor Firm engages in any marketing, solicitation or sales activities on behalf of SHP.
Compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA). As an entity contracted with SHP to market health care coverage products, Agent is designated as a business associate of SHP and agrees to comply with the following privacy provisions: Use of Protected Health Information. Agent shall not use or disclose Protected Health Information (as defined more specifically at 45 C.F.R. § 160.103) for any purpose other than (i) the purposes contemplated by the Agreement (ii) as required or allowed under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder at 45 C.F.R. Parts 160 through 164 (collectively, “HIPAA”); or (iii) as otherwise required by law. In no event may Agent use or disclose Protected Health Information in a manner that violates or would violate HIPAA if such activity were engaged in by SHP. Agent further agrees to execute the SHP standard Business Associate Agreement as part of SHP’s Agent orientation certification and training procedures, which shall be completed before Agent engages in any marketing, solicitation or sales activities on behalf of SHP.
Compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA). The parties acknowledge the existence of HIPAA and its implementing regulations. Contractor understands and agrees that, as a provider of medical treatment services, it is a ‘covered entity’ under HIPAA and, as such, has obligations with respect to confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, both internally and externally, including the training of staff and the establishment of proper procedures for the release of such information, including the use of appropriate consents and authorizations specified under HIPAA. The parties acknowledge their separate and independent obligations with respect to HIPAA, and that such obligations relate to transactions and code sets, privacy, and security. Contractor understands and agrees that it is separately and independently responsible for compliance with HIPAA in all these areas and that County has not undertaken any responsibility for compliance on Contractor’s behalf. Contractor has not relied, and will not in any way rely, on County for legal advice or other representations with respect to Contractor’s obligations under HIPAA, but will independently seek its own counsel and take the necessary measures to comply with the law and its implementing regulations. Contractor and County understand and agree that each is independently responsible for HIPAA compliance and agree to take all necessary and reasonable actions to comply with the requirements of the HIPAA Law and implementing regulations related to transactions and code sets, privacy, and security. Each party further agrees to indemnify and hold harmless the other party (including their officers, employees, and agents), for its failure to comply with HIPAA. Exhibit P provides further detail on the HIPAA Law.
