Common use of Security of Protected Health Information Clause in Contracts

Security of Protected Health Information. Subscriber may not use the Service in any way that is illegal, fraudulent, or violates the provisions of the Health Insurance Portability and Accountability Act of 1996 and its later extensions and modifications, including the Health Information Technology for Economic and Clinical Health Act (collectively “HIPAA”). These provisions restrict all unauthorized hacking, testing, or assessment which is intended to bypass the security policies and controls of the software. Subscriber acknowledges that Psych Select is not responsible for violation of these laws or related regulations due to Subscriber's actions or circumstances outside of Psych Select's control. These actions and circumstances include, but are not limited to the failure of Subscriber or Subscriber's employees and agents to: (a) choose adequate account passwords, and to protect those passwords from unauthorized disclosure; (b) log out of the Service on any computer or other device; (c) authenticate the identity of any patient or staff member requesting access to patient or staff passwords; (d) ensure that staff members with access to passwords are aware of HIPAA and have agreed to be bound by them; (e) use tools provided within the Service to monitor log-in activity for security breaches; (f) guard any protected health information (as defined by HIPAA) (hereinafter "PHI") downloaded to Subscriber's own storage device in accordance with HIPAA; (g) ensure that all individuals who are granted access to PHI have a legitimate need for that information in order to conduct healthcare operations (as defined by HIPAA); (h) ensure that any device used to access PHI is free from software viruses and any other hardware or software methods for collecting and disseminating information to unauthorized individuals;

Security of Protected Health Information. Subscriber Agent may not use the Service in any way that is illegal, fraudulent, or violates the provisions of the Health Insurance Portability and Accountability Act of 1996 and its later extensions and modifications, including the Health Information Technology for Economic and Clinical Health Act (collectively “HIPAA”). These provisions restrict all unauthorized hacking, testing, or assessment which is intended to bypass the security policies and controls of the software. Subscriber Agent acknowledges that Psych Select is not responsible for violation of these laws or related regulations due to SubscriberAgent's actions or circumstances outside of Psych Select's control. These actions and circumstances include, but are not limited to the failure of Subscriber or Subscriber's employees and agents Agent to: (a) choose adequate account passwords, and to protect those passwords from unauthorized disclosure; (b) log out of the Service on any computer or other device; (c) authenticate the identity of any patient or staff member requesting access to patient or staff passwords; (d) ensure that staff Agency’s work members with access to passwords are aware of HIPAA and have agreed to be bound by themthem ; (e) use tools provided within the Service to monitor log-in activity for security breaches; (f) guard any protected health information (as defined by HIPAA) (hereinafter "PHI") downloaded to SubscriberAgent's own storage device in accordance with HIPAA; (g) ensure that all individuals who are granted access to PHI have a legitimate need for that information in order to conduct healthcare operations (as defined by HIPAA); (h) ensure that any device used to access PHI is free from software viruses and any other hardware or software methods for collecting and disseminating information to unauthorized individuals;; (h) if applicable, sign a HIPAA-compliant business associate agreement with Subscriber; (i) promptly report suspicious activity or misuse of the system to Psych Select for further investigation; and (j) cooperate with Psych Select to safeguard against such activity or misuse and to mitigate any harm arising therefrom.