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Business associate agreement

The agreement a dental or medical practice signs in HowdySEO before giving us any access.

This agreement is between the dental or medical practice whose owner signs it below ("Covered Entity") and HowdySEO, operated by NAGAPPAN ARUN KARTHIK, trading as DesignQube, Justice Ramaswamy Street, No.51/1, Kamaraj Avenue Second Street, Adyar, Chennai, Tamil Nadu, 600020, India ("Business Associate"). It applies to the services under HowdySEO's Terms ("Service Agreement").

Definitions

Catch-all definition. The following terms used in this Agreement have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

  1. Business Associate. "Business Associate" generally has the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the party to this Agreement, means HowdySEO, operated by NAGAPPAN ARUN KARTHIK, trading as DesignQube.

  2. Covered Entity. "Covered Entity" generally has the same meaning as the term "covered entity" at 45 CFR 160.103, and in reference to the party to this Agreement, means the business named at signature.

  3. HIPAA Rules. "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and activities of Business Associate

Business Associate agrees to:

  1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

  2. Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

  3. Report to Covered Entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware, within 10 business days of discovery. Covered Entity notifies affected individuals, the HHS Office for Civil Rights and, where required, the media;

  4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of Business Associate agree to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information, under a business associate agreement signed before they receive any;

  5. Make available protected health information in a designated record set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524. A request for access that an individual makes directly to Business Associate is forwarded to Covered Entity within 5 business days;

  6. Make any amendment(s) to protected health information in a designated record set as directed or agreed to by Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526. A request for amendment that an individual makes directly to Business Associate is forwarded to Covered Entity within 5 business days;

  7. Maintain and make available the information required to provide an accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CFR 164.528;

  8. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s); and

  9. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted uses and disclosures by Business Associate

  1. Business Associate may only use or disclose protected health information as necessary to perform the services set forth in the Service Agreement: recording calls to Covered Entity's tracking numbers after the recording announcement, drafting replies to Google reviews for Covered Entity's approval, and reporting on calls. Business Associate does not use or disclose protected health information for its own management and administration or for data aggregation.

  2. Business Associate may use or disclose protected health information as required by law.

  3. Business Associate agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity's minimum necessary policies and procedures.

  4. Business Associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity.

  5. Business Associate's only subcontractor that creates, receives, maintains, or transmits protected health information is Amazon Web Services, for hosting, storage, backups, email, and AI models, under its business associate agreement. Business Associate never uses one client's information to produce another client's work.

Permissible requests by Covered Entity

Covered Entity shall not request Business Associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity.

Term and termination

  1. Term. The Term of this Agreement is effective as of the date Covered Entity's owner signs it, and terminates when Covered Entity's last location leaves HowdySEO under the Service Agreement, or on the date Covered Entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

  2. Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity, if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the breach or ended the violation within 30 days of Covered Entity's written notice of it.

  3. Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, Business Associate shall return to Covered Entity, through the export the Service Agreement provides, and then destroy within 30 days, all protected health information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that Business Associate still maintains in any form, including that held by its subcontractors. Business Associate shall retain no copies of the protected health information.

  4. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement.

Miscellaneous

  1. Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

  2. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.

  3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

  4. Governing law. Except where the HIPAA Rules govern, this Agreement is governed by the laws of the State of Delaware.

Signature

Signed for Covered Entity by its owner, who types his full name, on the date shown at signing. That signature binds both parties; Business Associate does not countersign.