Business Associate Agreement

Quark Healthcare Incorporated ("Covered Entity") hereby enters into this Business Associate Agreement ("Agreement") with the undersigned ("Business Associate"), effective as of [Date].

WHEREAS, Business Associate agrees to provide Healthcare Technology Services to or for Covered Entity in a manner that involves the use and/or disclosure of Protected Health Information (PHI);

WHEREAS, the parties intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to the Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act");

NOW, THEREFORE, in consideration of the mutual promises below and the exchange of information pursuant to this Agreement, the parties agree as follows:

1. Definitions

• Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Rules and HITECH Act.

2. Obligations and Activities of Business Associate

• Business Associate agrees to not use or disclose PHI other than as permitted or required by the Agreement or as required by law.
• Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by this Agreement.
• Business Associate agrees to report to Covered Entity any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident involving PHI of which it becomes aware.

3. Permitted Uses and Disclosures by Business Associate

• Specify the purposes for which PHI can be used and disclosed, such as management, administration, and legal responsibilities of the Business Associate.

4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

• Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI.

5. Term and Termination

• Term: This Agreement becomes effective on [Effective Date] and shall remain in effect until all obligations of the parties have been met, unless terminated earlier as provided in this Agreement.
• Termination for Cause: Either party may terminate this Agreement if the other party violates a material term of the Agreement.

6. Miscellaneous

• Regulatory References: A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
• Amendment: The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.
• Interpretation: Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

IN WITNESS WHEREOF, the Parties have executed this Business Associate Agreement as of the Effective Date.

Privacy Policy

Welcome to Quark Healthcare Incorporated. We are committed to protecting the privacy and security of our users' information. This Privacy Policy outlines the types of information we collect, how it's used, and the steps we take to protect your information.

Information Collection and Use

• Personal Information: We collect personal information you provide when you register for our software, such as your name, email address, contact information, partners, and in-network contract rates. This information is used to create your account, provide customer support, and communicate with you about your use of our software.
• Health Information: In the course of using Quark Healthcare Incorporated, you may input or provide access to health-related information. We use this health information to provide verifications of benefits, and it is handled in strict accordance with applicable health data protection laws, including HIPAA where relevant.
• Usage Data: We collect information on how Quark Healthcare Incorporated is accessed and used. This usage data helps us improve our service and address technical issues.

Information Sharing and Disclosure

• With Consent: We do not share personal or health information with third parties without your explicit consent, except as described in this policy.
• Service Providers: We may share your information with service providers who perform services on our behalf, such as hosting, data analysis, and customer service, under confidentiality agreements.
• Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Data Security

We implement a variety of security measures designed to maintain the safety of your personal and health information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

Your Rights

• Access and Control: You have the right to access, update, or delete your information in our possession. You can do this by logging into your account or contacting us directly.
• Opt-In: By signing this agreement, you are choosing to opt-in to all marketing communication, including text messages and emails.
• Opt-Out: You have the right to opt-out of receiving marketing communications from us. You can exercise this right by emailing us directly at [email protected].

Children's Privacy

Our software is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under 13.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "effective date" at the top.

Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].

Acknowledgment of Privacy Practices

1. Privacy Practices

Business Associate acknowledges that they have received and reviewed the Privacy Practices of Quark Healthcare Incorporated as of the date indicated above. These practices outline the use and protection of PHI in compliance with HIPAA and other applicable laws.

2. Use of Information

Business Associate agrees to use the PHI only for the purposes outlined in this Agreement and in accordance with Quark Healthcare Incorporated's Privacy Practices, ensuring the confidentiality and integrity of the PHI.

3. Reporting

Business Associate agrees to report to Quark Healthcare Incorporated any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, including any breach of unsecured PHI.

4. Cooperation

Business Associate agrees to cooperate with Quark Healthcare Incorporated in meeting its obligations under applicable privacy laws and regulations.

This acknowledgment is part of the Business Associate Agreement between Quark Healthcare Incorporated and the Business Associate and is binding upon signature of the Agreement.

IN WITNESS WHEREOF, the parties have executed this Business Associate Agreement and Acknowledgment of Privacy Practices as of the Effective Date.

5. Consent to Electronic Communications

By signing this agreement, you expressly consent to receive non-marketing and marketing text messages from Quark Healthcare Incorporated, including messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time by replying "STOP" to any message received, or by emailing us directly at [email protected]. You understand that consent is not a condition of purchase.

You can visit this page to learn more about our OPT-IN and OPT-OUT policy.