Business Associate Agreement
This HIPAA Business Associate Addendum (“HIPAA Addendum”) is an addendum to your Master Services Agreement (and incorporated therein by reference), is made and entered into this December 2, 2020 by and between (“Covered Entity”), whose business address is , and Grahek Enterprises LLC DBA Grahek Technology (“Business Associate”) IT Managed Service Provider, whose business address is 2040 W Main St STE 205, Rapid City, SD 57702.
WHEREAS, Business Associate is in the business of providing IT Managed Services (“Offering”); and
WHEREAS, Covered Entity wishes to engage, or has engaged, Business Associate in connection with said Offering,
NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, it is agreed as follows:
Section One: Definitions
Terms used, but not otherwise defined in this Agreement, shall have the same meaning as those terms in the Privacy Rule, Security Rule as stated in the Code of Federal Regulations, and HITECH Act.
Section Two: Obligations and Activities of Business Associate
Entity within thirty (30) business days of discovery of said Breach; all other compromises, or attempted compromises, of Protected Health Information shall be reported to Covered Entity within sixty (60) business days of discovery. Business Associate further agrees, consistent with Section 13402 of the HITECH Act, to provide Covered Entity with information necessary for Covered Entity to meet the requirements of said section, and in a manner and format to be specified by Covered Entity.
Entity’s requirements under 45 CFR §164.524, provided that Covered Entity delivers to Business Associate a written notice at least three (3) business days in advance of requesting such access. Business Associate further agrees, in the case where Business Associate controls access to Protected Health Information in an Electronic Health Record, or controls access to Protected Health Information stored electronically in any format, to provide similar access in order for Covered Entity to meet its requirements the HIPAA Rules and under Section 13405(c) of the HITECH Act. These provisions do not apply if Business Associate and its employees or Subcontractors have no Protected Health Information in a Designated Record Set of Covered Entity.
Section Three: Permitted Uses and Disclosures by Business Associate
Section Four: Obligations and Activities of Covered Entity
Section Five: Term and Termination
Section Six: Entire Agreement
Section Seven: Governing Law
Section Eight: Miscellaneous
Section Nine: Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one original Agreement. Facsimile or electronically authenticated signatures shall be accepted and enforceable in lieu of original signatures. Each party represents and warrants that it has the authority to execute and bind the party to this Agreement.
Grahek (Business Associate):
Dated this December 2, 2020
Grahek Enterprises, L.L.C D/B/A Grahek Technology
By: Chad Grahek
Client (Covered Entity):
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Your legal name
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If you have questions about the contents of this document, you can email the document owner.
Document Name: Business Associate Agreement
Agree & Sign