Business Associate Agreement (BAA) — Placeholder Version
Version: v.1.0.0
Last Updated: {{DATE}}
This is a non-binding placeholder Business Associate Agreement (BAA). It is provided for informational and planning purposes only. A final, attorney-approved BAA will replace this placeholder once completed. This placeholder is not intended as legal advice or as a substitute for a legally enforceable HIPAA BAA.
1. Purpose
This Business Associate Agreement (“Agreement”) describes the responsibilities of Home Therapy Labs (“Business Associate”, “HTL”, “we”, “our”) when handling Protected Health Information (“PHI”) on behalf of a Covered Entity (“Customer”, “you”, “your”) through the use of HTL’s platform and services (“Services”).
This is a placeholder and will be replaced by a fully compliant BAA after legal review.
2. Definitions
For the purposes of this Agreement:
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“PHI”: Protected Health Information as defined by HIPAA.
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“Electronic PHI (ePHI)”: PHI transmitted or stored electronically.
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“Covered Entity”: A healthcare provider, clinic, or organization subject to HIPAA.
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“Business Associate”: A vendor or service provider (HTL) that handles PHI on behalf of a Covered Entity.
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“HIPAA Rules”: The Privacy Rule, Security Rule, Breach Notification Rule, and HITECH Act.
Final definitions may differ based on legal review.
3. Permitted Uses and Disclosures of PHI
HTL may use or disclose PHI:
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To provide, maintain, and support the Services
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For internal operations such as security, troubleshooting, logging, and performance improvements
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For data aggregation or de-identification in accordance with HIPAA
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As required by law
HTL will not use PHI for marketing or any purpose not permitted by the Covered Entity or HIPAA.
4. Responsibilities of the Business Associate
HTL agrees to:
4.1 Safeguards
Implement reasonable and appropriate administrative, physical, and technical safeguards to protect PHI, including:
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Encryption of PHI in transit and at rest
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Role-based access controls
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Logging and auditing of system access
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Secure development and deployment practices
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Workforce HIPAA awareness training
4.2 Minimum Necessary
Limit the use and disclosure of PHI to the minimum necessary to accomplish the intended purpose.
4.3 Reporting Breaches
Report to the Covered Entity without unreasonable delay upon discovery of:
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A security incident involving PHI
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A data breach that compromises PHI
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Unauthorized access, use, or disclosure
(The final BAA will include legally required timelines.)
4.4 Subcontractors
Ensure subcontractors or Sub-Processors that handle PHI agree to similar privacy and security obligations.
4.5 Access to PHI
Provide access to PHI to the Covered Entity as required for HIPAA compliance and patient requests.
4.6 Amendment of PHI
Make PHI available to the Covered Entity for amendment when requested by an individual or required under HIPAA.
5. Responsibilities of the Covered Entity
The Covered Entity agrees to:
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Notify HTL of any HIPAA-related restrictions that affect processing
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Not request HTL to use or disclose PHI in a manner that would violate HIPAA
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Obtain necessary consents or authorizations from individuals before using the Services
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Ensure data entered into the Services complies with applicable law
6. Term and Termination
6.1 Term
This placeholder Agreement is intended to outline expected roles until replaced by a finalized BAA.
6.2 Termination for Cause
Either party may terminate the Agreement if the other party has materially breached it.
(final legal text will be included later)
6.3 Effect of Termination
Upon termination:
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HTL will return or securely delete PHI, if feasible
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Some information may remain in encrypted backups for a limited retention period
7. De-Identification
HTL may de-identify PHI in accordance with HIPAA standards.
De-identified data may be used to improve platform features, analytics, and service performance.
8. Audit and Inspection
Upon reasonable notice, HTL will make available documentation relating to PHI safeguards necessary for the Covered Entity to determine HIPAA compliance.
(Some restrictions, redactions, or summaries may apply for security reasons.)
9. Breach Notification
HTL will:
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Investigate incidents
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Mitigate harm where feasible
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Provide required details to allow Covered Entities to fulfill HIPAA breach notification obligations
Final BAA may specify timelines and reporting format.
10. Compliance with Law
Both parties agree to comply with HIPAA, HITECH, and any applicable federal or state privacy laws.
This placeholder does not guarantee full compliance and will be replaced by an official version.
11. Miscellaneous
11.1 No Third-Party Beneficiaries
This placeholder Agreement does not create any rights for third parties.
11.2 Governing Law
The finalized BAA will specify governing law; this placeholder does not.
11.3 Modification
This placeholder may be updated until replaced by the final signed BAA.
12. Contact Information
For questions related to this BAA placeholder, contact: