Transitional provisions for existing contracts. Covered companies (with the exception of small health plans) that entered into an existing contract (or other written agreement) with counterparty before October 15, 2002 may continue to work for up to an additional year beyond the compliance date of April 14, 2003, unless the contract is renewed or amended before April 14, 2003. 2003. This transitional period applies only to written contracts or other written agreements. Oral contracts or other arrangements are not eligible for the transition period. Entities covered by eligible contracts may, under such contracts, enter into an agreement with their counterparties until April 14, 2004, or until the renewal or modification of the contract, whichever is earlier, whether or not the contract meets the applicable contractual requirements under 45 CFR 164.502 (e) and 164.504 (e). Otherwise, a data subject entity must comply with the data protection rule, for example.B. only make permitted advertisements towards the counterparty and allow individuals to exercise their rights in accordance with the rule. See 45 CFR 164.532 (d) and (e). “End User License Agreement” or “EULA” is the agreement between VisionWeb and its customers and end users. The EULA defines subscription terms, service level agreements and payment terms. Counterparty contracts. A covered company`s contract or other written agreement with its counterparty must contain the elements referred to in 45 CFR 164.504(e).
For example, the contract must: describe the permitted and necessary use of the health information protected by the counterparty; provide that the counterparty does not use or disclose protected health information other than to the extent permitted, prescribed or prescribed by law; and request the counterparty to take appropriate security measures to prevent protected health information from being taken into account other than the contract or contract. Where a covered entity is aware of a breach or material breach of the contract or agreement by the counterparty, the covered entity shall be required to take appropriate measures to remedy the breach or to bring the breach to an end, and if those measures are unsuccessful to terminate the contract or agreement. If termination of the contract or agreement is not possible, a covered organization must report the issue to the Department of Health and Human Services `HHS) Office of Civil Rights (OCR). Please see our standard contract for business partners. In accordance with Yale 5033, Disclosure of Protected Health Information (PHI) to its business partners, Yale must require all counterparties to sign agreements, assure Yale that they protect Yale`s PHI, and that they protect the integrity and confidentiality of PHI (see flowchart to designate a counterparty). . . .