20 24 CONFIDENTIALITY AGREEMENT FOR SUBCONTRACTOR OF BUSINESS ASSOCIATE

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

20-24 CONFIDENTIALITY AGREEMENT FOR SUBCONTRACTOR OF BUSINESS ASSOCIATE

CONFIDENTIALITY AGREEMENT

This Agreement, made as of the [day] day of [month, year], between [subcontractor name] (the "Subcontractor"), and [law firm name] (the "Law Firm").

WHEREAS: The Subcontractor and the Law Firm (the "Parties") are committed to complying with the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rules") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

WHEREAS: The Law Firm may be a Business Associate of a client who is a health care provider, health plan, or other covered entity under the Privacy Rules ("Client") and may receive protected health information ("PHI") from Client to perform legal services on behalf of Client.

WHEREAS: The Law Firm may disclose PHI to the Subcontractor for services performed on behalf of the Law Firm in meeting the Law Firm's obligation to Client.

WHEREAS: The Subcontractor may use or disclose protected health information to carry out the Subcontractor's services to the Law Firm.

WHEREAS: The Subcontractor does not maintain records in a "designated record set" as defined below.

WHEREAS: To the extent that the Law Firm discloses PHI to the Subcontractor and the Subcontractor receives, uses, or discloses PHI in its performance of services under its Agreement with the Law Firm, the Subcontractor agrees to abide by the assurances, terms, and conditions contained herein in the performance of its obligations.

WHEREAS: This Agreement sets forth the terms, conditions, and obligations pursuant to which PHI that is provided by or to, or created or received by, the Subcontractor from, or on behalf of, the Law Firm, will be handled.

THEREFORE, in consideration of the mutual covenants contained in this Agreement and intending to be legally bound, the parties agree as follows:

Section 1. Definitions

Designated Record Sets are medical and billing records and other records that providers, health plans and clearinghouses use to make decisions about patients or insureds.

Disclose and Disclosure mean, with respect to PHI, the release, transfer, provision of access to, or divulging in any other manner of PHI outside of Subcontractor's internal operations.

Privacy Rules shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, Subparts A and E.

Protected health information or PHI means individually identifiable health information that is transmitted or maintained by electronic media or in any other form or...