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Dental Plan Corporation, along with any of the LIBERTY Dental entities listed on Appendix B, attached hereto, which currently or in the future have a contract in place with Business Associate (collectively, “LIBERTY” and individually, each a“LIBERTY Entity”), and   , (collectively with any affiliates, subsidiaries and parent corporations,“Business Associate”) (each individually a“Party” and together, the“Parties”), effective as of the earlier of   or the date Business Associate first received (or will have received) from LIBERTY any information covered by the terms and conditions of this Agreement (the “Effective Date”) .  \nRECITALS  \nWHEREAS, the purpose of this BAA is to comply with (1) the “business associate” requirements of the privacy regulations, the “business associate” requirements of the security regulations and the electronic data transaction and code sets requirements promulgated by the United States Department of Health and Human Services (“DHHS”) pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (“Privacy Regulations,” “Security Regulations,” and “EDI Standards,” respectively), (2) the requirements of subtitle D of the Health Information Technology for Economic and Clinical Health Act and any regulations thereunder promulgated by DHHS (“HITECH Act”); and (3) the requirements of any applicable state privacy and security laws.  \nWHEREAS, Business Associate is providing, or may provide, certain services (collectively, along with any exploration and/or negotiation of prospective services, the “Services”) from time to time for or on behalf of LIBERTY that may involve the use, disclosure and/or creation of or exposure and/or accessibility to certain Protected Health Information belonging to LIBERTY, to other health plans with whom LIBERTY contracts, or to any entity for whom LIBERTY itself serves as a business associate (collectively,“LIBERTY PHI”);  \nWHEREAS, the Parties desire to enter into this BAA to prescribe the manner in which LIBERTY PHI shall be handled by Business Associate, including but not limited to Business Associate’s employees, contractors and agents;  \nNOW, THEREFORE, in consideration of the mutual covenantsand agreements contained herein, and for all other good and valuable consideration had and received, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:  \n1. Definitions; General Terms. Capitalized terms used in this BAA shall have the meaning ascribed to them in this BAA and in Appendix A, attached hereto and incorporated herein by this reference, provided that if any definition in this BAA or in Appendix A conflicts with the respective definition of such term in HIPAA, the Privacy Regulations, Security Regulations or the HITECH Act, the definition in HIPAA, the Privacy Regulations, Security Regulations or the HITECH Actshall control. The Parties agree that this Agreement replacesand supersedes any previous business associate agreement executed by the Parties.  \n2. Permitted Uses and Disclosures of LIBERTY PHI. Except as otherwise limited in this BAA, Business Associate may use and disclose LIBERTY PHI as necessary to perform the Services for, or on behalf of, LIBERTY as specified in this BAA, provided that such use or disclosure would not constitute a violation of the Privacy Regulations or the HITECH Act if so used or disclosed by LIBERTY. Unless otherwise limited herein, Business Associate may:  \na. Use LIBERTY PHI only as necessary for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate;  \nb. Disclose LIBERTY PHI to third parties not employed by Business Associate as necessary for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business As","cbCaifGaHrXbCCEC","https://ap.wps.com/l/cbCaifGaHrXbCCEC","pdf",67949,9,"English","# Definitions; General Terms\n# Permitted Uses and Disclosures of LIBERTY PHI\n## Use of LIBERTY PHI\n## Disclosure to third parties\n# Obligations of Business Associate\n## Use and Disclosure\n## Safeguards","[{\"question\":\"What is the purpose of this Business Associate Agreement?\",\"answer\":\"The agreement is designed to ensure compliance with HIPAA “business associate” requirements, the HITECH Act, and applicable state privacy and security laws.\"},{\"question\":\"Under what conditions may the Business Associate use or disclose LIBERTY PHI?\",\"answer\":\"The Business Associate may use or disclose LIBERTY PHI only as permitted in the agreement and only to the extent necessary to perform the Services, without violating applicable privacy and security requirements.\"},{\"question\":\"What security and privacy safeguards are required?\",\"answer\":\"The Business Associate must implement appropriate administrative, technical, and physical safeguards through an information security program that supports HIPAA and HITECH safeguarding objectives, including controls aligned with HITRUST and NIST.\"}]","Business Associate Agreement Template - Broker | PDF"]