
1.4 “HITECH Act” means the Health Information Technology for Economic and Clinical Health Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, as and when amended from time to time. Department of Health and Human Services (“HHS”), including, but not limited to the Privacy Rule, the Security Rule and the Breach Notification Rule, as and when amended from time to time. 1.3 “HIPAA Regulations” means the regulations promulgated under HIPAA and the HITECH Act by the U.S. 104-191 as and when amended from time to time. 1.2 “HIPAA” means the Health Insurance Portability & Accountability Act of 1996, P.L. Capitalized terms not otherwise defined in this BAA shall have the same meaning as those terms in the Privacy Rule, the Security Rule, the Breach Notification Rule, and in HIPAA and the HITECH Act, and any regulations promulgated thereunder, as and when amended from time to time. In consideration of the mutual promises set forth below, the parties agree as follows: WHEREAS, the parties desire to protect the privacy of the PHI and to comply with HIPAA, and therefore enter into this BAA setting forth the terms and conditions of WPS’ use of PHI.
WHEREAS, Covered Entity desires to utilize WPS’ online platform (such utilization, operation, and administration of the platform constitutes the “Business Relationship,” as that term is used herein, between the parties), and as a result, WPS may have access to certain Protected Health Information (“PHI”) in the course of the parties’ Business Relationship.
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WHEREAS, WPS operates an online platform that enables users to upload, store, and download electronic data (which may include protected health information) for the purposes of psychological and educational assessment, scoring, and reporting.WHEREAS, Covered Entity is an entity or practitioner subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).All use of this online platform is subject to this Business Associate Agreement (“BAA”), which is entered into by and between you, the user (“Covered Entity”), and WPS,Ī division of Manson Western Corporation, a California corporation (“WPS”), as of the date you acknowledge your acceptance of the BAA by clicking the “I Agree” button at