NOTE: Terms of the Business Associate Agreement have been communicated within the Terms and Conditions accepted and agreed to by Customer as part of account registration and setup for the Hogrefe Testsystem made available at www.hogrefe.com (“HTS”). There are references in the Business Associate Agreement to the comprehensive Terms and Conditions for HTS, which collectively apply to Customer’s use of HTS to the extent that HIPAA governs Customer’s use of HTS.
Hogrefe Publishing Corporation (“Hogrefe”), duly registered as a Massachusetts corporation authorized to do business therein (hereinafter “Business Associate”), and HTS Customer, (hereinafter “Customer”), of various addresses throughout the United States (collectively, the “Parties” and each, a “Party”), expressly agree as follows:
Whereas, Business Associate provides an online computer assessment platform, with web-based access, hereafter called HTS, for use by Customer. Such Customer may enter client data onto HTS and such client data may contain individually identifiable protected health information (hereinafter “Client PHI”) as defined by § 164.501 of the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Parts 160 through 164, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-005 (“the HITECH Act”), and other applicable laws and regulations.
Whereas, Customer, in order to meet its obligations to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the privacy and security regulations promulgated under Title II, Subtitle F, §§ 261-264 of HIPAA, the administrative regulations issued by the Department of Health and Human Services (“DHHS”) as found in 45 C.F.R. Parts 160 through 164 (hereinafter HIPAA or DHHS regulations), and the HITECH Act, as such laws and regulations may be amended from time to time, seeks reasonable assurances from Business Associate that Business Associate will comply with the portions of those laws and regulations made applicable to business associates by the HITECH Act.
Whereas, Customer and Business Associate will accomplish the need for Customer to have access to online assessments available within HTS as called for by this Agreement by electronically transmitting and receiving data in agreed formats and to assure that such transactions comply with relevant laws and regulations.
NOW, THEREFORE, the Parties agree as follows: