This Website is offered and available to users who are 18 years old or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
The Company name, the name ZH Healthcare, Inc., the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain posting engines, message boards, chat features, or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to or through the site will be considered non-confidential and non-proprietary (unless you use the proper trademark or copyright notices in the post). By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We fully support US and international copyright law and require that you fulfil our moral and legal obligations with respect to the use of the copyright protected materials of others. To that end, and in fulfilment of our commitment to protect the principles of copyright in general, you must seek permission to use copyrighted works whenever appropriate from the protected party before using or posting it on the Website. Further, you acknowledge that copyright infringement is a violation of the law and may impose civil and/or criminal liability on the individual infringer, as well as on the infringer’s employer. Therefore, you are required to comply with copyright law and adhere to this copyright policy. Failure to do so may result in suspension of your account and/or civil or criminal charges.
Copyright laws are generally not straightforward and they have many gray areas. The aim of this policy is to provide practical advice and procedures, but it is not a substitute for legal advice. Proper legal advice should be obtained whenever necessary and is solely your responsibility.
The purpose of copyright law is to provide authors and other creators (and those who obtain rights through such persons) with an incentive to create and share creative works by granting them exclusive rights to control how their works may be used. Among the exclusive rights granted to those authors are the rights to reproduce, distribute, publicly perform and publicly display a work. These rights provide copyright holders control over the use of their creations, and an ability to benefit, monetarily and otherwise, from the exploitation of their works. Copyright also protects the right to “make a derivative work,” such as a movie from a book; the right to include a piece in a collective work, such as publishing an article in a book or journal; and the rights of attribution and integrity for “authors” of certain works of visual art. If you are not the copyright holder, you must obtain permission prior to re-using or reproducing someone else’s copyrighted work. Acknowledging the source of a work, for instance, is not a substitute for obtaining permission.
The rights granted under the U.S. Copyright Act (embodied in Title 17 of the U.S. Code) are intended to benefit “authors” of “original works of authorship,” including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural and audiovisual creations. This means that virtually any creative work that you may come across in readable or viewable format, including books, magazines, journals, newsletters, maps, charts, photographs, graphic materials; unpublished materials, such as analysts’ reports and consultants’ advice; and non-print materials, including this Website, computer programs and other software, databases, sound recordings, motion pictures, video files, sculptures and other artistic works are almost certainly protected by copyright. It is your sole responsibility to determine if anything you post on or through this Website is protected by copyright.
Not everything is protected by copyright. This includes: works that are not fixed; titles, names, slogans; ideas, facts and data; listings of ingredients or contents; natural or self-evident facts; and public domain works (more on this below). Some of these things may, however, be protected under other areas of law, such as patent or trademark law, or by contract. It is important to be sure that no other form of protection restricts the use of such materials before using them, and this determination is solely your responsibility.
If you believe that any User Contributions violate your copyright or that or anyone else, you are required to send us a notice of copyright infringement to email@example.com. It is the policy of the Company to terminate the user accounts of repeat infringes.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the Commonwealth of Virginia in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. the website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will the company, its affiliates, or its and their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
This website is operated by ZH Healthcare, Inc. at 2010 Corporate Ridge, Suite 700, McLean, VA 22102.
All notices of copyright infringement claims should be sent to the Company as designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org
Thank you for visiting the Website.
ZH Healthcare Inc, a Bethesda based incorporated company(“Company” or “We”), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit this website ( our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect
It does not apply to information collected by
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases on or through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at email@example.com.
We collect several types of information from and about users of our Website, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties – including other service providers (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions, and patterns, including. But not limited to:
The information we collect automatically is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to
The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or that you provide to us.
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
You can review and change your personal information by logging into the Website and visiting your account profile page.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
The purpose of the ZH Healthcare BlueEHS (“BlueEHS”) Service Level Agreement (“SLA”) is to formalize our commitment to our valued health care professional users (“Clients”). Our SLA is intended to memorialize the specific level of support that we promise to provide to our Clients. This SLA may evolve over time, with additional knowledge of our Clients requirements, as well as the introduction of new application and services into the support portfolio, so please continue to check back for updates.
The following definitions shall apply to the BlueEHS SLA.
“Downtime” means, for the BlueEHS, if there is more than a five percent (5%) of the user community issue rate. Downtime is measured based on server side issue rate.
“Downtime Period” means, for the BlueEHS, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
“ZH Healthcare BlueEHS Covered Services” means the ZH Healthcare BlueEHS, Advanced Billing Modules and Patient Portal Service. This does not include the ZH Healthcare website, ZH Healthcare customer support sites, NewCrop eRx Service, Third party lab services, or any other additional ZH Healthcare branded site that does not pertain directly to the BlueEHS system.
“Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
“Scheduled Downtime” means those times where ZH Healthcare notifies Client of periods of Downtime at least twenty four hours prior to the commencement of such Downtime. There will be no more than thirty six hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this BlueEHS SLA, and will not be counted towards any Downtime Periods.
“Service” means the service provided by ZH Healthcare to Clients under the applicable BlueEHS Agreement.
“Service Credit” means the following:
|Monthly Uptime Percentage||Days of Service added to the end of the Service term, at no charge|
|< 99.9% – ≥ 99.0%||3|
|< 99.0% – ≥ 95.0%||7|
During the term of the applicable BlueEHS SLA, the BlueEHS Covered Services web interface will be operational and available to Clients at least 99.9% of the time, excluding scheduled downtime, in any calendar month (the “BlueEHS SLA”). If ZH Healthcare does not meet the BlueEHS SLA, and if Client meets its obligations under this BlueEHS SLA, Client will be eligible to receive the Service Credits described below. This BlueEHS SLA states Client’s sole and exclusive remedy for any failure by ZH Healthcare to provide the Services covered by this SLA.
Failure to comply with these few responsibilities will forfeit Client’s right to receive a Service Credit.
The aggregate maximum number of Service Credits to be issued by ZH Healthcare to Client for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days (15) of Service to be added to the end of Client’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
The BlueEHS SLA does not apply to any services that expressly exclude this BlueEHS SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of ZH Healthcare’s reasonable primary control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving ZH Healthcare employees), or Internet service provider failures or delays, and; (ii) that resulted from Client’s equipment or third party equipment, or both (not within the primary control of ZH Healthcare).
For any questions, concerns or requests for Service Credits please contact ZH Healthcare at: firstname.lastname@example.org
ZH Healthcare by mail:
Re: Service Credits
2010 Corporate Ridge, Ste 700
McLean, VA 22102
Important: Please read this agreement (“agreement”) carefully before using the system. We are willing to grant a license to use the system to you as the company, legal entity, or individual that desires to use the system only on the condition that you accept all of the terms of this agreement. This is a legal and enforceable contract just like any other written negotiated agreement you sign. by: (a) clicking the “sign up” button on the order form; (b) clicking the “i agree” or “accept” button; or (c) through the use or continued use of the system; you are agreeing to the terms and conditions of this agreement. If you do not agree to these terms and conditions of this agreement, click the “decline” button, make no further use of the system and contact our customer service, using the contact details in section 17.6 of this agreement.
This Agreement is entered into by and between Z&H Health Care Solutions, LLC, a Virginia Limited Liability Company, any and all of Z&H Health Care Solutions, LLC’s (“We”, “Us” or “Our”) and you (“You” or “Your”) as a User of our on-line System. You and We are individually referred to herein as the “Party” and collectively as the “Parties.” In the event you have purchased a subscription or license to use the System through an Authorized Reseller, the Authorized Reseller shall also be considered a Party to this Agreement.
Throughout this Agreement all capitalized terms shall have the meanings ascribed them in this Section 1 or as indicated elsewhere herein. Capitalized terms not expressly defined in this Agreement shall have the meanings given to them in HIPAA, as the same may, from time to time, be amended and modified
“Authorized Reseller” means a third party that is authorized by Us to resell access to the System and/or a branded white label version thereof.“Authorized Workforce” means those members of Your Workforce who are individually authorized by You and to whom the System has assigned a User ID to have access and to use the System solely for the purposes provided here under.
“Confidential Information” means any information concerning Our business, financial affairs, current or future products or technology, trade secrets, workforce, customers, or any other information that is treated or designated by Us as confidential or proprietary, or would reasonably be viewed as confidential or as having value to Our competitors. Confidential Information shall not include information that We make publicly available or that becomes known to the general public other than as a result of a breach of an obligation by You. Confidential Information does not include individuals’ health information.
“De-identified Health Information” means health information that has been de-identified in accordance with the provisions of HIPAA codified at 45 CFR Part 160 (more commonly known as the “Privacy Rule”), and “De-Identify,” with respect to health information, means to make such health information into De-identified Health Information.“De-Identified Information” means De-Identified Health Information and De-Identified Personal Information.
“De-Identified Personal Information” means personal information from which a User’s name and other identifiers unique to the User have been removed, and from which the User cannot reasonably be identified; and “De-Identify” with respect to Personal Information, means to make it into De-Identified Personal Information.
“HIPAA” means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the Security Rule.
“Health Information Technology for Economic and Clinical Health (HITECH) Act” means the Technology for Economic and Clinical Health Act of 2009, and regulations promulgated thereunder.
“Patient Portal” shall mean the portal accessed by your patients through www.mydocsportal.com, as further defined in Section 3.10 below.
“Personal Information” means information that identifies You personally as a User of the System, and all information concerning You and Your use of the System that is not Protected Health Information.
“Policies and Procedures” means our rules, regulations, policies and procedures for access to and use of the System, as changed from time to time, and as posted electronically on the Website or in the System.
“Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.
“Protected Health Information” has the meaning given it in the Privacy Rule, and includes all individually identifiable health information concerning Your patients that You provide or input into the System.
“Security Rule” means the Security Standards for the Protection of Electronic Protected Health Information, as codified at 45 CFR part 160 and part 164, subparts A and C.
“Services” means the services, in connection with the System for which You have registered and to which You have been granted access in accordance with this Agreement and which may include e-Prescription Service, Lab-Information Services, Advanced Billing Module, Clearing House Service, Electronic Medical Records Service, Patient Portal and other services, whether provided directly by Us or a Third-party provider.
“System” means the electronic communication network, including all (i) hardware supplied by Us, (ii) software used or supplied by Us, and (iii) any such hardware and software installed or accessed at Your Location(s), and (iv) all documentation, whether hardcopy or electronic, supplied by Us in connection with the System.
“Term” means the initial term and all renewal terms, if any, of this Agreement as provided in Section 16.
“User” means a unique individual authorize by You or Us to use the System with a unique User ID.
“User ID” means a unique User identification assigned to an individual User pursuant to Section 3.7.
“Website” shall mean the world wide website through which you access the Services and Systems.
“Workforce” means directors, officers, employees, agents, representatives and any third parties in Your organization.
“Your Health Information” means Protected Health Information that You or Your Workforce, (i) enter into the System, (ii) remove from the System, or (iii) otherwise review, modify, change, or alter while Using the System.
“Your Location(s)” means the location(s)/address(es) You provide to Us and such other location(s)/address(es) as We may, in our sole discretion and from time to time, approve.
Use OF Services
Access to the System
You may permit Your Authorized Workforce to use the System and the Services, subject to the terms of this Agreement. You will:
Use of Information
We may use or disclose Protected Health Information for other purposes, as from time to time described in our Policies and Procedures; provided that We will not make or permit any such use or disclosure that would violate applicable law or regulation if made by You or Your business associate. Except as provided herein, and notwithstanding any other provision of this section, We will not use or disclose Protected Health Information in any manner that would violate the requirements of the Privacy Rule or any other portion of HIPAA if done by You.
Providing Physician Data to Payers.
You agree that We may provide De-Identified Health Information and other information to any medical group, independent practice association of physicians, health plan or other organization with which You have a contract to provide medical services, or to whose members or enrollees You provide medical services. Such information may identify You, but will not identify any individual to whom You provide services. Such information may include (without limitation) aggregate data concerning Your patients, diagnoses, procedures, orders and the like.
Intellectual Property Rights.
You shall be solely responsible for affording individuals their rights with respect to their Protected Health Information and information pertaining to your medical office or practice, such as the rights of access and amendment.
Business Associate AGREEMENT
In maintaining, using and affording access to Your Protected Health Information, We will comply with the obligations of the Business Associate Agreement that is attached hereto and incorporated herein as Exhibit A.
As required by the HITECH Act:
Third-Party Sites and Service Providers.
Fees and Charges
Disclaimer, Exclusion of Warranties, and Limitation of Liability
You will obtain and maintain for the purposes of this Agreement and at all times relevant hereunder, such policies of general liability, errors and omissions, and professional liability insurance and insurance pertaining to Your data, including Protected Health Information with reputable insurance companies as is usually carried by persons engaged in Your business.
Term; Modification; Suspension; Termination
Z&H Health Care Solutions, LLC.
2010 Corporate Ridge, Suite 700,
McLean, VA 22102
Main: +1 855-936-3367
Fax: +1 703-890-8702
Attention: Customer Support
To You, at the address provided to Us when You registered as a User of the System.
Business Associate Agreement
The following terms used in this Business Associate Agreement (this “Agreement”) shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to them in 45 CFR 160.103 and 164.501.
Obligations and Activities of Business Associate
Business Associate agrees to:
(l) Pursuant to 45 CFR § 164.500 (b), the Business Associate health care clearinghouse that creates or receives Protected Health Information as a Business Associate of another covered entity, must comply with:
Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Practice for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by the Practice:
V. Permissible Requests by Covered Entity
Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity; provided however, if the Business Associate will use or disclose Protected Health Information for data aggregation or management and administration and legal responsibilities of the Business Associate, then the foregoing shall not apply.
VI. Term and Termination
Upon termination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by business associate on behalf of Covered Entity, shall:
(d) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.