HIPAA Business Associate Agreement (BAA)
Effective date: 1st of July 2020
Thank you for using CallonDoc Inc! We’re happy You’re here. Please read this Healthcare Insurance Portability and Accountability Act (HIPAA) compliant Business Associate Agreement carefully before signing up. You have indicated Your agreement to this Healthcare Insurance Portability and Accountability Act (HIPAA) Associate Agreement by logging in. By logging in, You agree that You have read, understood, and agree to the terms above on the date you log in.
Because it is such an important Agreement between CallonDoc Inc and Our users, We have tried to make it as clear as possible. For Your convenience, We have presented a short non-binding summary of this Agreement followed by the full legal terms. In addition, We have included in each section a "short version" followed by the full legal version.
A list of terms found in this Agreement. This list is an effort to reduce any potential misinterpretation between both parties.
B. Our Responsibilities
What CallonDoc Inc can or cannot do, as well as have to do. This section is designed to set clear criteria for You to hold CallonDoc Inc accountable.
C. Your Responsibilities
What You can or cannot do, as well as have to do. This section is designed to set clear criteria for CallonDoc Inc to hold You accountable.
What happens if either You or CallonDoc Inc terminate this Agreement.
E. General Provisions
Legal provisions that don't fall under the previous sections. They apply to both Parties and protect both by giving additional clarity and protection around a number of scenarios that could play out in this Agreement.
This HIPAA Business Associate Agreement (the “Agreement" ) is between CallonDoc Inc ("Business Associate") and You ("Covered Entity").
Its purpose is to define how CallonDoc Inc will provide Services to You under the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as set forth in Code of Federal Regulations 45 CFR Parts 160 and 164 and Subparts A through E ("Privacy Rule" and "Security Rules") and the Health Information Technology for Economic and Clinical Health (HITECH), Public Law 111-005.
You and CallonDoc Inc (together referred to as the "Parties") will enter into this Agreement as follows.
Occasionally, Websites owned by CallonDoc Inc may provide different or additional User agreements. If those conflict with this Agreement, the more specific terms apply to the relevant page or Service.
B. Our Responsibilities
CallonDoc Inc manages Your patient's Information in compliance with HIPAA Rules and U.S. Department of Health & Human Services (HSS).
CallonDoc Inc will not use or disclose You or Your patient's Information in any way not covered in this Agreement or that is prohibited by law.
CallonDoc Inc will secure Your patient's Information to prevent unauthorized use or disclosure, including implementing requirements of the HIPAA Rules.
CallonDoc Inc will report to You any breaches of You or Your patient's Information that are not covered in this Agreement in accordance to the Code of Federal Regulations 45 CFR Part 164 Subpart D.
CallonDoc Inc will communicate when a patient requests an account of their Information and assist You in responding, completing or denying the request.
CallonDoc Inc will ensure that any subcontractors it may engage with that have access to You or Your patient's Information will agree to the same restrictions and conditions that apply to CallonDoc Inc with respect to You or Your patient's Information.
CallonDoc Inc will carry out Your obligation under the HIPAA Rules that require CallonDoc Inc to comply with the requirements applicable to the obligation.
CallonDoc Inc will make available to the Department of Health and Human Services (HHS) Our internal practices, books, and records relating to the use and disclosure of Protected Health Information (PHI) received from, created, or received by CallonDoc Inc on behalf of You, for purposes of Department of Health and Human Services (HHS) determining Your compliance with the HIPAA Rules.
Your Health Information Rights
The health and billing records we maintain are the physical property of the facility The information in it, however, belongs to you. You have the right to:
• Was not created by the facility, unless the person or entity that created the information is no longer available to make an amendment;
• Is not part of the health information kept by or for the facility;
• Is not part of the information that you would be permitted to inspect or copy; or,
• Is accurate and complete.
*If your request is denied, you will be informed of the reason for the denial and will have an opportunity to submit a statement of disagreement to be maintained with your records;
• Revoke authorizations that you made previously to use or disclose information by delivering a written revocation to our office, except to the extent information or action has already been taken.
To Request Information or File a Complaint
If you have questions, would like additional information, want to report a problem regarding the handling of your information, or want to exercise any of your rights as outlined in this Notice, you may contact us by mail, phone:
750 North St. Paul Street Suite, Dallas, TX 75201
We will inform you of the steps that need to be taken to exercise your rights.
Additionally, if you believe your privacy rights have been violated, you may file a written complaint with our Privacy Officer at the address indicated above.
C. Your Responsibilities
You are responsible to provide CallonDoc Inc only the minimum Personal Information and Organization Information necessary to accomplish the Service.
You are responsible for using administrative, physical, and technical safeguards at all times to maintain and ensure the confidentiality, privacy, and security of Information transmitted to CallonDoc Inc, in accordance with the standards and requirements of HIPAA Rules.
You must obtain any consent or authorization that may be required by local and national laws and regulations prior to furnishing CallonDoc Inc the Information for use and disclosure in accordance with this Agreement.
You agree to notify CallonDoc Inc of:
You cannot request CallonDoc Inc to use or disclose Information in any manner that would violate the Code of Federal Regulations 45 CFR Part 164 subpart E.
The term of this Agreement shall commence when You sign up (the Effective Date). This Agreement will terminate in accordance with below.
If either Party knows of a pattern or practice of the other Party that constitutes a violation of this Agreement, then the non-violating Party shall provide written notice of the violation to the other Party that specifies the nature of the violation. The violating Party must correct the violation on or before thirty (30) days after receipt of the written notice. In the absence of a satisfactory correction to the non-violating Party within the specified timeframe or in the event the violation is reasonably incapable of correction, then the non-violating Party may terminate this Agreement. All Agreements between CallonDoc Inc and Our subcontractors are subject to the same termination requirements.
Upon termination of this Agreement for any reason, CallonDoc Inc shall destroy all Your Information not necessary for CallonDoc Inc to continue its proper management and administration or to carry out its legal responsibilities.
The obligations of the Business Associate under this Agreement shall survive the termination of this Agreement and remain in force as long as the Business Associate stores or maintains Protected Health Information (PHI) in any form or format.
E. General Provisions
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. In the event of any such amendments, CallonDoc Inc will notify You of material changes to this Agreement (e.g. price changes) at least 7 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, Your continued use of the Service constitutes agreement to our revisions of this Agreement. CallonDoc Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services.
CallonDoc Inc will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute services (whether or not CallonDoc Inc had been or should have been aware or advised of the possibility of such damage) arising from or associated with any loss, suspension, or interruption of Our Services, termination of this Agreement, or use or misuse of the Service.
In the event Our other Agreement(s) conflict with this Agreement, the terms of this Agreement will govern.
No modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement is binding unless it is electronically agreed to by each Party or an authorized representative of each Party.
The Parties submit to the jurisdiction of the State of Texas and federal courts in Dallas, and agree that any legal action or proceeding relating to this Agreement may be brought in those courts.
In the event any part or parts of this Agreement are held to be unenforceable, the remainder of this Agreement will continue in effect.
In addition to any other lawful means of execution or delivery, this Agreement may be executed by electronic signatures in the form of an online agreement accepted when You log in.
This Agreement may be executed in any number of counterparts, each of which is enforceable against the parties actually executing such parts, and all of which together constitute one instrument.
You and CallonDoc Inc are and shall remain independent contractors throughout the term. Nothing in this Agreement shall be construed to constitute You and CallonDoc Inc as partners, joint ventures, agents, or anything other than independent contractors.
Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits You and CallonDoc Inc to comply with the HIPAA Rules.
By logging in, You agree You have read, understood, and agree to the terms above on the date you logged in.
Questions about this Agreement? Email us at firstname.lastname@example.org