HITECH Act Compliance. The Health Information Technology for Economic and Clinical Health Act (HITECH) was adopted as part of the American Recovery and Reinvestment Act of 2009. HITECH and its implementing regulations impose new requirements on Business Associates with respect to privacy, security, and Breach notification. Business Associate hereby acknowledges and agrees that to the extent it is functioning as a Business Associate of Covered Entity, Business Associate shall comply with any applicable provisions of HITECH. Business Associate and the Covered Entity further agree that the provisions of HIPAA and HITECH that apply to business associates and that are required to be incorporated by reference in a business associate agreement have been incorporated into this Agreement between Business Associate and Covered Entity. Should any provision not be set forth specifically, it is as if set forth in this Agreement in its entirety and is effective as of the Applicable Effective Date, and as amended.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant changes to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under HIPAA and these changes may be further clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any HHS regulations issued with respect to the HITECH Act. The Parties also agree to negotiate in good faith to modify this BAA as reasonably necessary to comply with the HITECH Act and its regulations as they become effective but, in the event that the Parties are unable to reach an agreement on such a modification, either Party will have the right to terminate this BAA upon 30 days’ prior written notice to the other Party. In light of the mutual agreement and understanding described above, the Parties execute this BAA as of the date first written above. Covered Entity: Date: Print Name: Title: Business Associate: Date: Print Name:
HITECH Act Compliance. The Health Information Technology for Economic and Clinical Health Act (HITECH Act) was adopted as part of the American Recovery and Reinvestment Act of 2009. The HITECH Act and its implementing regulations impose new requirements with respect to privacy, security, and breach notification. These provisions of the HITECH Act and the regulations are collectively referred to as the "HITECH Provisions." The HITECH Provisions shall apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later (Applicable Effective Date). Trading Partner hereby acknowledges and agrees that it will comply with the applicable provisions of HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. Trading Partner and the Covered Entity further agree that the applicable provisions of HIPAA and the HITECH Act are hereby incorporated into this Agreement between Trading Partner and Covered Entity as is set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date and as amended.
HITECH Act Compliance. The Parties intend to protect the privacy and provide for the security of PHI disclosed to Business Associate in compliance with the HITECH Act. Specifically, the Parties shall comply with applicable requirements imposed on them pursuant to the enactment of the HITECH Act including, but not limited to, the following: a) Security of Electronic PHI; b) Reporting of Breaches; c) Access to PHI; d) Accounting of Disclosures; e) Minimum Necessary of PHI; f) Limitation on Marketing and Fundraising; g) Limitation on Sale of Electronic Health Records and PHI; and h) Notification of Restrictions to Use or Disclosure of PHI.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes several provisions impacting the health care industry, including significant changes to the HIPAA Regulations. The Privacy Subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under the HIPAA Regulations and many of these changes will be clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any implementing regulations and guidance issued thereunder. Also, the Parties agree to modify this Addendum as reasonably necessary to comply with the HITECH Act and its implementing regulations, guidance, and interpretations as they become effective. In Witness Whereof, this Addendum is executed by the Parties as of the date first written above. BANK OF AMERICA, N.A. By: /s/ Xxxx Xxxx Print Name: Xxxx Xxxx Title: VP, Supply Chain BOTTOMLINE TECHNOLOGIES, INC. By: /s/ Xxxxxx X. Xxxxxx Print Name: Xxxxxx X. Xxxxxx Title: President and CEO SCHEDULE I SCHEDULE I Agreements Subject to Consent Requirement
HITECH Act Compliance. The HITECH BA Provisions shall apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later (“Applicable Effective Date”). Tellus hereby acknowledges and agrees that, to the extent it is functioning as a business associate of Covered Entity, it will comply with the HITECH BA Provisions and with the obligations of a business associate as prescribed by HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. Tellus and Covered Entity further agree that the provisions of HIPAA and the HITECH Act that apply to business associates and that are required to be incorporated by reference in a business associate agreement are incorporated into this Agreement between Tellus and Covered Entity as if set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant changes to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under HIPAA and these changes may be further clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any HHS regulations issued with respect to the HITECH Act. The Parties also agree to negotiate in good faith to modify this BAA as reasonably necessary to comply with the HITECH Act and its regulations as they become effective but, in the event that the Parties are unable to reach an agreement on such a modification, either Party will have the right to terminate this BAA upon 30 days’ prior written notice to the other Party. In light of the mutual agreement and understanding described above, the Parties execute this BAA as of the date first written above. Covered Entity: _________________________________ Date: _____________ Print Name: _________________________________ Title: _________________________________ Business Associate: _________________________________ Date: _____________ Print Name: _________________________________ Title: _________________________________
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant changes to the HIPAA Privacy Rule and the HIPAA Security Rule. Many of these changes are addressed in this contract but others may be clarified in forthcoming regulations. Each Party agrees to comply with the applicable provisions of the HITECH Act and any implementing regulations issued thereunder. Also, each Party agrees to negotiate in good faith to modify this Agreement as reasonably necessary to comply with the HITECH Act and its implementing regulations, as they become known and effective.
HITECH Act Compliance. The Health Information Technology for Economic and Clinical Health Act (HITECH Act) was adopted as part of the American Recovery and Reinvestment Act of 2009. The HITECH Act and its implementing regulations impose new requirements on Business Associates with respect to privacy, security, and breach notification. These provisions of the HITECH Act and the regulations applicable to Trading Partner are collectively referred to as the "HITECH BA Provisions." The HITECH BA Provisions shall apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later (Applicable Effective Date). Trading Partner hereby acknowledges and agrees that to the extent applicable, Trading Partner will comply with the HITECH BA Provisions as proscribed by HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. the Parties further agree that the provisions of HIPAA and the HITECH Act that are applicable and that are required to be incorporated by reference in an agreement such as this are incorporated into this Agreement between the Parties as if set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date.
HITECH Act Compliance. The Parties acknowledge that the HITECH Act includes significant changes to the Privacy Rule and the Security Rule. The privacy subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business associates and covered entities under HIPAA and these changes may be further clarified in forthcoming regulations and guidance. Each Party agrees to comply with the applicable provisions of the HITECH Act and any HHS regulations issued with respect to the HITECH Act. The Parties also agree to negotiate in good faith to modify this BAA as reasonably necessary to comply with the HITECH Act and its regulations as they become effective but, in the event that the Parties are unable to reach agreement on such a modification, either Party will have the right to terminate this BAA upon 30- days’ prior written notice to the other Party. [The remainder of this page intentionally left blank; signatures on the following page] In light of the mutual agreement and understanding described above, the Parties execute this BAA as of the date first written above. By: Name: Title: By: Name:
