Last updated: August 29, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.HMELocations.com website (the "Service") operated by HME Locations Inc. www.HMELocations.com ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Health Insurance Portability and Accountability Act (“HIPAA”). These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and HIPAA. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subscriptions and Privacy
Some parts of the Service are billed on a membership subscription basis ("Subscription(s)") for an (“Annual Fee”). You will be billed in advance on a recurring annual basis ("Billing Cycle") should you sign up and accept the Terms and Conditions of HME Locations Inc.www.HMELocations.com. Billing cycles are set on an annual basis and may occur prior to the expiration of your membership subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge the annual Membership Subscription fee incurred through your account to any such payment instruments through the Merchant Account managed and secured by Authorize.Net. All Privacy of Credit Card Information shall be maintained and information shall not be shared, copied or stored by us.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Business Associate Agreement
By using our Service you are agreeing to HME Locations Inc. www.HMELocations.com’s Terms and Business Associate Agreement (“BAA”). Accepting these Terms and agreeing with the BAA means complying with all rules and regulations maintained by HIPAA and all other governing bodies, including, but not limited to, the state of North Carolina, the United States, and other participating countries. To read the Business Associate Agreement, click here.
Fee Changes
HME Locations Inc. www.HMELocations.com in its sole discretion and at any time, may modify the Membership Subscription fees for the Member’s Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
HME Locations Inc. www.HMELocations.com will provide you with a reasonable prior notice of any change in any Membership Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refund
Certain refund requests for Subscriptions may be considered by us., on a case-by-case basis and granted in sole discretion of us. During the first thirty (30) days after signing up for the annual membership should the subscriber be unsatisfied with the services of HMELocations.com, a full refund shall be granted only during the thirty (30) day period. Once the Thirty (30) days refund has expired, no refunds will be granted for the membership. The subscriber has the right to cancel the membership at any time; however, no refunds will be granted after the Thirty (30) day refund grace period has expired.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or trademark agreements, and (iii) the posting of your content on or through the Service does not violate any rules or regulations mandated by HIPAA.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you, any third party posts, or HME Locations Inc.www.HMELocations.com, team posts, on or through the Service or for any content or material on your personal website or social media sites. However, by posting Content using the Membership Service you grant HME Locations Inc. www.HMELocations.com, “us” the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms and Conditions.
HME Locations Inc. www.HMELocations.com has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Contents found on or through this Service are the property of HME Locations Inc. www.HMELocations.com and or used with permission by the Membership Service. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts and Privacy
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You must maintain privacy of your account and passwords at all times.
You may not use as ausername the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HME Locations Inc.www.HMELocations.com and its licensors. The Membership Service provided by HME Locations Inc. www.HMELocations.com is protected by Copyright, Trademark, and laws of the United States and foreign countries. Our Trademarks and Trade Dress may not be used in connection with any product or service without the prior written consent HME Locations Inc. www.HMELocations.com,
Links To Other WebSites
Our Service may contain links to third party websites, social media or services that are not owned or controlled by HME Locations Inc. www.HMELocations.com,
HME Locations Inc. www.HMELocations.com, has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites, social media sites or services. We do not warrant the offerings of any of these entities/individuals or their websites or social media accounts.
You acknowledge and agree that HME Locations Inc. www.HMELocations.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites, social media accounts or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites, social media sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Membership Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or Conditions.
If you wish to terminate your account, you may simply discontinue using the Membership Service. You may or may not be granted a refund.
All provisions of the Terms and Conditions, which by their nature will survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless HME Locations Inc.www.HMELocations.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Membership Service, whether a Free or Paid Subscription, by you or any person using your account and password; b) a breach of these Terms and Conditions, or c) Content posted on the Membership Service.
Limitation Of Liability
In no event shall HME Locations Inc. www.HMELocations.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Membership Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Membership Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HME Locations Inc. www.HMELocations.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Membership Service, and supersede and replace any prior agreements we might have had between us regarding the Membership Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will provide at least Thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Membership Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms and conditions , you are no longer authorized to use the Membership Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us via email at contact@HMELocations.com located in Rougemont, North Carolina, USA 27572 or feel free to call
Monday – Friday Eastern Standard Time 9:00am – 5:00pm Call 1-919-973-9677 – Thank you very much- HME Locations Team.
(August 29, 2018)
Introduction
A “business associate” is a person or entity, other than a member of the workforce of HME Locations Inc. www.HMELocations.com, who performs functions or activities on behalf of, or provides certain services to, HME Locations Inc. www.HMELocations.com that involve access by the business associate to protected health information. A “business associate” also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate. The HIPAA Rules generally require that HME Locations Inc.www.HMELocations.com and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information. The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of protected health information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. A business associate may use or disclose protected health information only as permitted or required by its business associate contract or as required by law. A business associate is directly liable under the HIPAA Rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of protected health information that are not authorized by its contract or required by law. A business associate also is directly liable and subject to civil penalties for failing to safeguard electronic protected health information in accordance with the HIPAA Security Rule.
A written contract between a HME Locations Inc. www.HMELocations.com and a business associate must: (1) establish the permitted and required uses and disclosures of protected health information by the business associate; (2) provide that the business associate will not use or further disclose the information other than as permitted or required by the contract or as required by law; (3) require the business associate to implement appropriate safeguards to prevent unauthorized use or disclosure of the information, including implementing requirements of the HIPAA Security Rule with regard to electronic protected health information; (4) require the business associate to report to HME Locations Inc. www.HMELocations.com any use or disclosure of the information not provided for by its contract, including incidents that constitute breaches of unsecured protected health information; (5) require the business associate to disclose protected health information as specified in its contract to satisfy HME Locations Inc. www.HMELocations.com’s obligation with respect to individuals' requests for copies of their protected health information, as well as make available protected health information for amendments (and incorporate any amendments, if required) and accountings; (6) to the extent the business associate is to carry out HME Locations Inc. www.HMELocations.com’s obligation under the Privacy Rule, require the business associate to comply with the requirements applicable to the obligation; (7) require the business associate to make available to HHS its internal practices, books, and records relating to the use and disclosure of protected health information received from, or created or received by the business associate on behalf of, HME Locations Inc.www.HMELocations.com for purposes of HHS determining HME Locations Inc.www.HMELocations.com’s compliance with the HIPAA Privacy Rule; (8) at termination of the contract, if feasible, require the business associate to return or destroy all protected health information received from, or created or received by the business associate on behalf of, HME Locations Inc. www.HMELocations.com; (9) require the business associate to ensure that any subcontractors it may engage on its behalf that will have access to protected health information agree to the same restrictions and conditions that apply to the business associate with respect to such information; and (10) authorize termination of the contract by HME Locations Inc.www.HMELocations.com if the business associate violates a material term of the contract. Contracts between business associates and business associates that are subcontractors are subject to these same requirements.
This document includes business associate agreement provisions to help HME Locations Inc. www.HMELocations.com and business associates more easily comply with the business associate contract requirements. While these provisions are written for the purposes of the contract between HME Locations Inc. www.HMELocations.com and its business associate, the language may be adapted for purposes of the contract between a business associate and subcontractor.
The language may be changed to more accurately reflect business arrangements between HME Locations Inc. www.HMELocations.com and business associate or business associate and subcontractor. In addition, these or similar provisions may be incorporated into an agreement for the provision of services between a covered entity and business associate or business associate and subcontractor, or they may be incorporated into a separate business associate agreement. These provisions address only concepts and requirements set forth in the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules, and alone may not be sufficient to result in a binding contract under State law. They do not include many formalities and substantive provisions that may be required or typically included in a valid contract. Reliance on this sample may not be sufficient for compliance with State law, and does not replace consultation with a lawyer or negotiations between the parties to the contract.
Business Associate Agreement Provisions
Words or phrases contained in brackets are intended as either optional language or as instructions to the users of these sample provisions.
Definitions
Catch-all definition :
The following terms used in this Agreement shall 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 :
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean any business using services provided by this website directory.
(b) HME Locations Inc. www.HMELocations.com: “HME Locations Inc.www.HMELocations.com” shall generally have the same meaning as the term “HME Locations Inc. www.HMELocations.com” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean HME Locations Inc. www.HMELocations.com.
(c) HIPAA Rules. “HIPAA Rules” shall mean 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:
(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) 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;
(c) Report to HME Locations Inc. www.HMELocations.com 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;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
(e) Make available protected health information in a designated record set to HME Locations Inc. www.HMELocations.com as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by HME Locations Inc. www.HMELocations.com pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to HME Locations Inc. www.HMELocations.com as necessary to satisfy HME Locations Inc.www.HMELocations.com’s obligations under 45 CFR 164.528;
(h) To the extent the business associate is to carry out one or more of HME Locations Inc.www.HMELocations.com's obligations under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to HME Locations Inc. www.HMELocations.com in the performance of such obligation(s); and
(i) 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
(a) Business associate may only use or disclose protected health information as necessary to perform the services set forth in Service Agreement.
(b) Business associate may use or disclose protected health information as required by law.
(c) Business associate agrees to make uses and disclosures and requests for protected health information consistent with HME Locations Inc. www.HMELocations.com’s minimum necessary policies and procedures.
(d) 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 HME Locations Inc. www.HMELocations.com except for the specific uses and disclosures set forth below.
(e) Business associate may use protected health information for the proper management and administration of the business associate or to carry out the legal responsibilities of the business associate.
(f) Business associate may disclose protected health information for the proper management and administration of business associate or to carry out the legal responsibilities of the business associate, provided the disclosures are required by law, or business associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies business associate of any instances of which it is aware in which the confidentiality of the information has been breached.
(g)Business associate may provide data aggregation services relating to the health care operations of HME Locations Inc. www.HMELocations.com.
Provisions for HME Locations Inc. www.HMELocations.com to Inform Business Associate of Privacy Practices and Restrictions
(a) HME Locations Inc. www.HMELocations.com shall notify business associate of any limitation(s) in the notice of privacy practices of HME Locations Inc. www.HMELocations.com under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.
(b)HME Locations Inc. www.HMELocations.com shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.
(c) HME Locations Inc. www.HMELocations.com shall notify business associate of any restriction on the use or disclosure of protected health information that HME Locations Inc. www.HMELocations.com has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.
Permissible Requests by HME Locations Inc. www.HMELocations.com
HME Locations Inc. www.HMELocations.com 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 HME Locations Inc. www.HMELocations.com. The exception for this is if the business associate will use or disclose protected health information for, and the agreement includes provisions for, data aggregation or management and administration and legal responsibilities of the business associate.
Term
(a) Term. The Term of this Agreement shall be effective immediately.
Miscellaneous
(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
(b) 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.
© Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.a
(August 29, 2018)
Introduction
A “business associate” is a person or entity, other than a member of the workforce of HME Locations Inc. www.HMELocations.com, who performs functions or activities on behalf of, or provides certain services to, HME Locations Inc. www.HMELocations.com that involve access by the business associate to protected health information. A “business associate” also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate. The HIPAA Rules generally require that HME Locations Inc. www.HMELocations.com and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information. The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of protected health information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. A business associate may use or disclose protected health information only as permitted or required by its business associate contract or as required by law. A business associate is directly liable under the HIPAA Rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of protected health information that are not authorized by its contract or required by law. A business associate also is directly liable and subject to civil penalties for failing to safeguard electronic protected health information in accordance with the HIPAA Security Rule.
A written contract between a HME Locations Inc. www.HMELocations.com and a business associate must: (1) establish the permitted and required uses and disclosures of protected health information by the business associate; (2) provide that the business associate will not use or further disclose the information other than as permitted or required by the contract or as required by law; (3) require the business associate to implement appropriate safeguards to prevent unauthorized use or disclosure of the information, including implementing requirements of the HIPAA Security Rule with regard to electronic protected health information; (4) require the business associate to report to HME Locations Inc. www.HMELocations.com any use or disclosure of the information not provided for by its contract, including incidents that constitute breaches of unsecured protected health information; (5) require the business associate to disclose protected health information as specified in its contract to satisfy HME Locations Inc. www.HMELocations.com’s obligation with respect to individuals' requests for copies of their protected health information, as well as make available protected health information for amendments (and incorporate any amendments, if required) and accountings; (6) to the extent the business associate is to carry out HME Locations Inc. www.HMELocations.com’s obligation under the Privacy Rule, require the business associate to comply with the requirements applicable to the obligation; (7) require the business associate to make available to HHS its internal practices, books, and records relating to the use and disclosure of protected health information received from, or created or received by the business associate on behalf of, HME Locations Inc. www.HMELocations.com for purposes of HHS determining HME Locations Inc. www.HMELocations.com’s compliance with the HIPAA Privacy Rule; (8) at termination of the contract, if feasible, require the business associate to return or destroy all protected health information received from, or created or received by the business associate on behalf of, HME Locations Inc. www.HMELocations.com; (9) require the business associate to ensure that any subcontractors it may engage on its behalf that will have access to protected health information agree to the same restrictions and conditions that apply to the business associate with respect to such information; and (10) authorize termination of the contract by HME Locations Inc. www.HMELocations.com if the business associate violates a material term of the contract. Contracts between business associates and business associates that are subcontractors are subject to these same requirements.
This document includes business associate agreement provisions to help HME Locations Inc. www.HMELocations.com and business associates more easily comply with the business associate contract requirements. While these provisions are written for the purposes of the contract between HME Locations Inc. www.HMELocations.com and its business associate, the language may be adapted for purposes of the contract between a business associate and subcontractor.
The language may be changed to more accurately reflect business arrangements between HME Locations Inc. www.HMELocations.com and business associate or business associate and subcontractor. In addition, these or similar provisions may be incorporated into an agreement for the provision of services between a covered entity and business associate or business associate and subcontractor, or they may be incorporated into a separate business associate agreement. These provisions address only concepts and requirements set forth in the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules, and alone may not be sufficient to result in a binding contract under State law. They do not include many formalities and substantive provisions that may be required or typically included in a valid contract. Reliance on this sample may not be sufficient for compliance with State law, and does not replace consultation with a lawyer or negotiations between the parties to the contract.
Business Associate Agreement Provisions
Words or phrases contained in brackets are intended as either optional language or as instructions to the users of these sample provisions.
Definitions
Catch-all definition :
The following terms used in this Agreement shall 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 :
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean any business using services provided by this website directory.
(b) HME Locations Inc. www.HMELocations.com: “HME Locations Inc. www.HMELocations.com” shall generally have the same meaning as the term “HME Locations Inc. www.HMELocations.com” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean HME Locations Inc. www.HMELocations.com.
(c) HIPAA Rules. “HIPAA Rules” shall mean 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:
(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) 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;
(c) Report to HME Locations Inc. www.HMELocations.com 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;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
(e) Make available protected health information in a designated record set to HME Locations Inc. www.HMELocations.com as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by HME Locations Inc. www.HMELocations.com pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to HME Locations Inc. www.HMELocations.com as necessary to satisfy HME Locations Inc. www.HMELocations.com’s obligations under 45 CFR 164.528;
(h) To the extent the business associate is to carry out one or more of HME Locations Inc. www.HMELocations.com's obligations under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to HME Locations Inc. www.HMELocations.com in the performance of such obligation(s); and
(i) 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
(a) Business associate may only use or disclose protected health information as necessary to perform the services set forth in Service Agreement.
(b) Business associate may use or disclose protected health information as required by law.
(c) Business associate agrees to make uses and disclosures and requests for protected health information consistent with HME Locations Inc. www.HMELocations.com’s minimum necessary policies and procedures.
(d) 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 HME Locations Inc. www.HMELocations.com except for the specific uses and disclosures set forth below.
(e) Business associate may use protected health information for the proper management and administration of the business associate or to carry out the legal responsibilities of the business associate.
(f) Business associate may disclose protected health information for the proper management and administration of business associate or to carry out the legal responsibilities of the business associate, provided the disclosures are required by law, or business associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies business associate of any instances of which it is aware in which the confidentiality of the information has been breached.
(g)Business associate may provide data aggregation services relating to the health care operations of HME Locations Inc. www.HMELocations.com.
Provisions for HME Locations Inc. www.HMELocations.com to Inform Business Associate of Privacy Practices and Restrictions
(a) HME Locations Inc. www.HMELocations.com shall notify business associate of any limitation(s) in the notice of privacy practices of HME Locations Inc. www.HMELocations.com under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.
(b)HME Locations Inc. www.HMELocations.com shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.
(c) HME Locations Inc. www.HMELocations.com shall notify business associate of any restriction on the use or disclosure of protected health information that HME Locations Inc. www.HMELocations.com has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.
Permissible Requests by HME Locations Inc. www.HMELocations.com
HME Locations Inc. www.HMELocations.com 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 HME Locations Inc. www.HMELocations.com. The exception for this is if the business associate will use or disclose protected health information for, and the agreement includes provisions for, data aggregation or management and administration and legal responsibilities of the business associate.
Term
(a) Term. The Term of this Agreement shall be effective immediately.
Miscellaneous
(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
(b) 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.
© Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.