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Business Associate Agreement

Last Updated: January 17, 2025

1. Introduction

This Business Associate Agreement ("Agreement") is entered into between BestPractice ("Business Associate") and the healthcare provider using our services ("Covered Entity"). This Agreement establishes the obligations of BestPractice in handling Protected Health Information (PHI) in accordance with HIPAA regulations.

2. Definitions

Terms used but not otherwise defined in this Agreement shall have the same meaning as those terms in HIPAA Rules: Privacy Rule, Security Rule, Breach Notification Rule, and Enforcement Rule.

  • Protected Health Information (PHI): Health information protected under HIPAA Rules
  • Covered Entity: Healthcare provider using BestPractice services
  • Business Associate: BestPractice, as provider of services
  • Individual: Person who is the subject of Protected Health Information

3. Obligations of Business Associate

BestPractice agrees to:

  • Not use or disclose PHI other than as permitted by this Agreement or required by law
  • Implement appropriate safeguards to prevent unauthorized use or disclosure of PHI
  • Report to Covered Entity any use or disclosure of PHI not provided for by this Agreement
  • Ensure that any subcontractors that create, receive, maintain, or transmit PHI agree to the same restrictions
  • Make PHI available for access and amendment as required by HIPAA
  • Maintain and make available records of disclosures of PHI

4. Security Practices

While BestPractice is currently working toward formal HIPAA certification and SOC 2 compliance, we maintain robust security practices including:

  • Encryption of data in transit and at rest
  • Access controls and authentication measures
  • Regular security assessments and monitoring
  • Employee training on security and privacy practices
  • Incident response procedures

5. Permitted Uses and Disclosures

Business Associate may use or disclose PHI only for the purpose of performing services for Covered Entity as specified in the service agreement, or as required by law. Business Associate shall not use or disclose PHI in any manner that would violate HIPAA Rules.

6. Breach Notification

Business Associate shall notify Covered Entity of any breach of unsecured PHI without unreasonable delay and in no case later than 60 calendar days after discovery. Notification will include identification of affected individuals and all relevant information about the breach.

7. Term and Termination

This Agreement shall be effective upon acceptance of BestPractice's services and shall terminate when all PHI is destroyed or returned to Covered Entity. Upon termination, Business Associate shall return or destroy all PHI if feasible, or extend protections of this Agreement if return or destruction is not feasible.

8. Compliance and Updates

BestPractice is actively working toward formal HIPAA certification and SOC 2 compliance. We will update this Agreement as needed to reflect changes in our compliance status and regulatory requirements. Covered Entities will be notified of material changes to this Agreement.

9. Contact Information

For questions about this Agreement, please contact:

Privacy Officer: hello@bestpractice.com