Vera Whole Health 6/7/2019 - Laserfiche WebLink

this Agreement;and(c)an unauthorized disclosure of unsecured PHI caused by Covered Entity or its subcontractors. 6.4 Insurance. Business Associate shall obtain and maintain during the term of this Agreement benefit plan administrator's errors and omissions or professional liability insurance applying to all professional activities performed under this Agreement which shall include network privacy liability coverage. Such insurance shall name the Covered Entity as an additional named insured. A copy of such policy or a certificate evidencing the policy shall be provided to the Covered Entity upon written request. 6.5 No Property Interest. Except as may be specifically provided in this Agreement, Business Associate agrees that it acquires no title or rights to the PHI, including any de-identified information, as a result of providing services to Covered Entity. All rights, interest, and title in and to Covered Entity's data, including all PHI, shall remain vested in Covered Entity at all times. Business Associate holds all rights, interest and title in and to provider pricing relating information, including billed amount, allowed amounts and other fee schedule-related information. 6.6 Legal Compliance. The parties hereto shall comply with applicable laws and regulations governing their relationship, including,without limitation, the Privacy Regulations, Security Regulations,and any other federal or state laws or regulations governing the privacy, confidentiality or security of personal health information applicable to health plans. If a provision of this Agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this Agreement that can be given effect without the invalid provision. Further, all terms and conditions of this Agreement will be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary,the court is requested to reform any and all terms or conditions to give them such effect. Business Associate shall comply with applicable state and federal statutes and regulations as of the date by which business associates are required to comply with applicable statutes and regulations. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Regulations, the Security Regulations , the HITECH Act, and other federal or state laws or regulations governing the privacy, confidentiality or security of patient health information applicable to health plans. 6.7. City of Everett as Covered Entity. The City of Everett does not by execution of this Agreement take the position that all departments of the City of Everett fall within the definition of"Covered Entity"under HIPAA. For the purposes of this Agreement, only the departments (and portions thereof) of the City of Everett that have access to, create, maintain, or transmit PHI fall within the definition of Covered Entity. Schedule 4,Page 6