This Agreement (“Agreement”) is entered into, between QC Medical Care (“Website”) and the user of the website, qcmedicalcare.com (“User”). QC Medical Care PC hereby agrees to provide medical services in strict compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Any information disclosed by a client of QC Medical Care PC will be kept confidential, as per HIPAA regulations. QC Medical Care PC shall not disclose information about any clients, financial contributions, or contact information to any third parties, unless specifically requested by the client or required for legal purposes.
QC Medical Care PC will take appropriate measures to protect any confidential information regarding clients from unauthorized use or disclosure, including when disclosing to third party service providers.
The client is responsible for the accuracy of the PHI presented to QC Medical Care PC for storage, use, and/or disclosure, and QC Medical Care PC will take reasonable steps to ensure accuracy.
QC Medical Care PC agrees to indemnify and hold harmless any clients, employees, representatives, or affiliates associated with QC Medical Care PC from any liability or damage resulting from non-compliance with HIPAA regulations.
The client agrees to promptly report any violations of HIPAA regulations or of any other state or federal laws governing the practice of medicine or the use of medical information.
A. The Website is a Web-based information service that allows Users to have access to certain healthcare data, including but not limited to patient health information (“PHI”) and Protected Health Information (“PHI”), that is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
B. In order to comply with HIPAA, the Website needs to implement certain standards of privacy, security and confidentiality for its Users.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Purpose and Scope.
The Website shall protect the security and integrity of PHI in accordance with the HIPAA Security Rule. The purpose of this Agreement is to establish the respective obligations of the Website and the User regarding the use and disclosure of PHI. The Website and the User shall comply with all applicable laws, regulations, and rules governing the use, disclosure and treatment of PHI.
2. User Responsibilities.
The User shall:
a. Ensure, through technologically accepted means, the protection of the integrity and privacy of PHI, and promptly notify the Website if the User becomes aware of any unauthorized access or use of PHI.
b. Limit access to PHI to authorized personnel only, and provide such personnel with appropriate training regarding the proper use, disclosure and treatment of PHI.
3. Website Responsibilities.
The Website shall:
a. Ensure, through technologically accepted means, the protection of the integrity and privacy of PHI, and promptly notify the User if the Website becomes aware of any unauthorized access or use of PHI.
b. Maintain appropriate technical and organizational safeguards for the secure storage, transmission and use of PHI.
Each party agrees to use its best efforts to ensure compliance with all applicable laws, regulations, and rules regarding PHI.
This Agreement will remain in effect until terminated by either party upon thirty (30) days notice.
6. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the [State] without giving effect to any choice or conflict of law rule or provision.
No waiver of any breach of this Agreement by either party shall be deemed as a waiver of any following or preceding breach of this Agreement.
8. Entire Agreement.
This Agreement constitutes the entire understanding between the parties relating to the subject matter herein and supersedes any prior agreement or understanding.