Business Associate Agreement (BAA)
This Business Associate Agreement (“BAA”) is entered into by and between TLC Health & Wellness Coaching (“Covered Entity”) and any individual or organization contracting with TLC Health & Wellness Coaching to provide services that involve access to Protected Health Information (“Business Associate”). This BAA supplements and is made part of any underlying service agreement between the parties.
Protected Health Information (PHI)
Individually identifiable health information transmitted or maintained in any form, as defined by HIPAA.
Business Associate
Any person or entity that creates, receives, maintains, or transmits PHI on behalf of the Covered Entity.
Business Associate may:
Use or disclose PHI only as necessary to perform services for the Covered Entity or as required by law.
Use PHI for proper management and administration, provided disclosures are required for those purposes and governed by confidentiality obligations identical to this BAA.
Safeguards: Implement appropriate administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of PHI.
Reporting: Promptly report to the Covered Entity any use or disclosure of PHI not permitted by this BAA, including breaches of unsecured PHI.
Mitigation: Assist Covered Entity in mitigating harmful effects resulting from any impermissible use or disclosure of PHI.
Subcontractors: Ensure that any subcontractors agree in writing to the same restrictions and conditions that apply to Business Associate under this BAA.
Access & Amendment: Make PHI available for amendment or inspection as required by HIPAA.
Accounting: Document disclosures of PHI and make that information available to Covered Entity upon request.
Provide Business Associate with only the minimum necessary PHI required to perform its services.
Notify Business Associate of any limitations in its notice of privacy practices in accordance with HIPAA.
Term: This BAA remains in effect as long as Covered Entity and Business Associate have an underlying service agreement.
Termination for Cause: Covered Entity may immediately terminate this BAA if it determines Business Associate has breached a material term.
Obligations Post-Termination: Upon termination, Business Associate will return or destroy all PHI and retain no copies, or if return or destruction is infeasible, extend the protections of this BAA to the retained PHI.
Amendment: This BAA may only be amended in writing, signed by both parties.
Governing Law: This BAA is governed by the laws of the United States and applicable state law.
Severability: If any provision is invalid or unenforceable, the remainder remains in full force and effect.
By signing below or continuing to use TLC Health & Wellness Coaching’s services, both parties agree to comply with the terms of this BAA.
TLC Health & Wellness Coaching
