Laserfiche WebLink
FINAL-Everett (WA)-SYK Std TOS wProCare Terms (3-20-2024) Page 5 of 5 <br />8.Confidentiality (Services). <br />8.1. Customer must remove or secure any “Protected Health Information” (“PHI”) as defined in the Health Insurance Portability and <br />Accountability Act of 1996 from Equipment prior to Stryker performing Services. Although Stryker will make reasonably <br />commercial efforts to secure any PHI encountered, Stryker is not responsible for the security thereof. <br />8.2. All medical information and/or data concerning specific patients (including, but not limited to, the identity of the patients), derived <br />from or obtained during the course of the Agreement, will be treated by both Parties as confidential so as to comply with all <br />applicable state and federal laws and regulations regarding confidentiality of patient records, and will not be released, disclosed, or <br />published to any party other than as required or permitted under applicable laws. <br />8.3. Any data obtained by Stryker pursuant to the services performed under this Agreement will relate solely to the technical and <br />mechanical function(s) of the covered equipment. Products covered cannot receive, store nor transmit any PHI whatsoever. <br />9.Intentionally Omitted. <br />10.Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have <br />undergone a background check as part of Stryker’s hiring practice and/or as required by Customer’s vendor credentialing program. The <br />background check consists of the following: <br />•Criminal background check <br />•National sex offender registry check <br />•Education verification <br />•Employment history <br />•SSN verification <br />•Driving record <br />•Government sanction/watch lists <br />During the Term, a Customer may request a conference with Stryker at any reasonable time regarding the performance, behavior or <br />expectations of any Stryker service personnel who are assigned to Customer’s facility. Any Stryker service personnel who willingly and <br />knowingly violates Customer’s rules, regulations, procedures, or polices may be removed from Customer’s facility at Customer’s option <br />and will be replaced by Stryker promptly. <br />11.Changes. At any time during the Term, and upon each Party’s written consent, additional Services or Equipment may be added or <br />deleted from a plan. Such changes will be governed by the terms and conditions of the Service Plan. Stryker may modify the ap plicable <br />Service Plan to reflect adjustments to charges attributable to plan changes. <br />12.Parts and Subcontracting. Stryker may elect to use new or used parts related to the Services in its sole discretion. Stryker reserves <br />the right to hire subcontractors to perform the Services. <br />13.Independent Contractor. The Parties are independent contractors with respect to one another. However, to the extent Stryker, Stryker <br />personnel or subcontractors come to Customer’s property, to the extent applicable, they will follow Customer’s written and posted work <br />place policies. <br />*****