BUSINESS ASSOCIATE ADDENDUM
READ THE TERMS OF THIS BUSINESS ASSOCIATE ADDENDUM (THIS "BAA") CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE OR CLICKING THE "ACCEPT" BUTTON WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS BAA. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND BIND THAT ENTITY TO THE TERMS AND CONDITIONS OF THIS BAA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.
Digital Intakes ("Business Associate") is providing services to you ("Covered Entity") under the Terms of Service you accepted (the "Underlying Agreement"), and Covered Entity wishes to disclose certain information to Business Associate pursuant to the terms of such Underlying Agreement, some of which may constitute Protected Health Information ("PHI") (defined below);
Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to the Underlying Agreement in compliance with (i) the Health Insurance Portability and Accountability Act of 1996, Public Law No. 104-191 ("HIPAA"); (ii) Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"), also known as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-005 ; and (iii) regulations promulgated thereunder by the U.S. Department of Health and Human Services, including the HIPAA Omnibus Final Rule, which amended the HIPAA Privacy and Security Rules (as those terms are defined below) and implemented several provisions of the HITECH Act (the "HIPAA Final Rule"), extending certain HIPAA obligations to Business Associate and their subcontractors; and
The purpose of this BAA is to satisfy certain standards and requirements of HIPAA, the Privacy Rule and the Security Rule (as those terms are defined below), and the HITECH Act, including, but not limited to,