MEDICAL SHIFT CONTRACTOR TERMS AND CONDITIONS
Working as Independent contractor under our platform.
We cannot guarantee any amount of hours to anyone and you are signing up to work shifts that are available from our clients.
Criminal Background or License/Certficate Discipline
Contractor will notify Medical Shift upon becoming aware of being turned in for a complaint against your healthcare license or certificate, we require notification in writing. If you are put on any list pertaining to disciplinary measures, you are required to notify us in writing upon learning of the issue. We will evaluate the issue as each infarction is weighed differently in actions against your ability to practice. If you are arrested, charged or convicted of any crime while employed, you must disclose in writing immediately following your knowledge of the issue. We will TERMINATE for non-disclosure of nearly any type of infarction.
Contractor will be compensated for services weekly provided all work is completed and funds are released by Client. Failure to have work complete will result in Client demanding complete work before funds are released. It is the Contractor’s responsibility to answer and return all phone calls/ emails from Client as pertains to work complete/incomplete and follow through accordingly. Incomplete work might affect contractor’s rating on our app which will in turn affect the amount of work/shift invitations you receive and or may result in medicalshift dropping you from the platform.
CLIENT CANCELLATION POLICY
Clients are allowed to cancel contractors 1.5 – 2 hours before shift start time. Cancellations are automatically done in the Medicashift APP by Client and will calculate on whether you receive show up pay if cancelled late is done automatically in app.
Contractor is responsible for checking out items (equipment, pagers, facility shift cell phones, serums, badges etc) at our Client sites. If such Items are checked out during the course of your assignment and returned at the end of each shift. If Items are not verified as returned per policy, Medicalshift may keep the replacement value from your paycheck so replacement item can be replaced per policy. MOST items that fall under this policy, are things that should NEVER leave the facility and are due to be returned at the end of shift before you leave. If you leave the Client Facility with items that are due to be returned at shift end, you will have less than 24 hours to return Item without being charged for replacement. If you do not realize on your own and you receive a call from the Client you must return items within 4 hours of notification or less.
PERSONAL PHONE CALLS/TEXTS/INTERNET USE
Excessive personal phone calls while on shift are unacceptable. If a supervisor/manager or even pier complaints about the number or length of personal Phone calls you make or receive, So you run a risk of losing you’re rating. Cell phones are prohibited from being utilized while working for medical shift and at client facilities. Unless you are on break/lunch. Texting is the equivalent of Phone calls under this policy. Do not use clients computers for Internet or any personal use if we are notified of this infraction the infraction falls under CLIENT COMPLAINTS.
* All violations listed in this category are subject to disciplinary action up to and including immediate removal from medical shift.
Unacceptable language or topics of conversation: refrain from using unacceptable language around coworkers or patients. Be aware of what is appropriate and inappropriate to discuss if we are notified of infection of this policy by a client it falls under client complaints. No visitors at work! Medical shift contractors are not allowed to take any other person with them to an assignment or to receive visitors while on assignment. Accepting anything from clients/patience patients or another person Accepting gifts, money or other items from anyone including patients, clients, staff members, patient families or anyone while on assignment is not allowed no matter how small or valuable the item may be. Falsification Of any kind is grounds for immediate termination from medical shift. This not only includes information given but also includes information withheld according to any policy. Theft of any kind Please be aware the every possible violation in which you could be disciplined for may not be listed in this manual because some actions will fall under common sense items. There are certain behaviors which all people in a professional environment should be expected to adhere to. Attitude: always keep a positive attitude no matter what set of circumstances are thrown at you you always have a choice any response to any situation medical shift encourages all independent contractors to refrain from making negative comments while working for our clients, and only to say things that will make problems better, not worse.
We cannot guarantee that the work available to you will be on the bus line or within walking distance of your residence. Therefore, we require that you have a reliable mode of transportation Or away to get to work other than public transportation/walking. If you are unable to get to facilities that we staff it is not our responsibility to get you there. We reserved the right to not offer you work and or consider your status suspended if we discover that you do not have reliable transportation. we also reserve the right not to verify applicants were unable to get to work.
You are caregiver and you will provide personal hands-on care to a wide variety of people. Your profession choice means you have a certain obligation to ensure that every type of person no matter their personal preferences is comfortable with your services. In most settings patient does not have a choice in their caregiver the caregiver is assigned by the facility. For this reason please make a conscience effort to appear to medical shifts and our clients policies regarding appearance: Where neat and tidy uniforms there are clean and traditional – nothing too trendy. Weather appropriate attire designated by your manager. Name badges must be worn for identification if you are informed the client does not want you to wear a a medical shift badge then you must arrive at the facility ready to show photo ID for every shift. You must have a photo ID upon arrival. Keep hair, nails in all personal hygiene to a normal standard (no obviously unnatural hair colors, no false or excessively long nails) we reserve the right not 2 verify applicants who have excessive tattoos that are not covered or piercings other than wearing small stud earrings for females ETC. many of our contracts/ clients policies include rules regarding appearance that is out of the ordinary and we must make a determination as to whether each individual will be in violation of client policies. If you are able to cover tattoos or remove piercings while working and you accept end user license agreements can you agree to do so while working under medical shifts platform. If it is reported or discovered that you are not following this policy you may be terminated or Lucy star rating. If you choose not to abide by this policy at anytime and you are notified of the infraction and choose not to correct it you will have resigned and will stop using our platforms.
ALCOHOL AND DRUG POLICY
Maintain a workplace free from from the use of abuse of illegal drugs and alcohol.
While working for any facility we staff, you are first bound to their policies and then also to medicalshift’s policies. If you have questions while on the job regarding proper handling of a situation, find the charge nurse or shift supervisor or consult their policy and procedure documents. In the event that a facility does not have a formal orientation class prior to working for them, you should arrive early to your first shift and ask for their policies and procedures, and protocols and you should familiarize yourself with locations of their medical supplies and equipment prior to taking any report. Contact the supervisor.
CONFLICT OF INTEREST
If you work another job, we ask that you be professional about managing the hours between the jobs.
HEALTH CERTIFICATION & PERSONELL RECORDS
All clinical staff shall complete a health statement annually and shall submit to Medicalshift a current PPD or a chest Xray during sign up and annually and thereafter, to ensure contractor is free of communicable diseases. All contractor records will be maintained at our corporate office. Those files shall be maintained within guidelines of all regulatory agencies that have an interest in such record maintenance.
GENERAL SAFETY & SAFETY REQUIREMENTS
* Please refer to the Blood borne pathogens/OSHA Policy and Procedure Section for specific requirements regarding safety equipment and precautionary measures required of all Independent Contractors. Medicalshift’s policy is that everyone is entitled to work under the safest possible conditions. Every reasonable effort will be made in the interests of on the job accident prevention and health preservation. Universal precautions are minimum guidelines recommended by the Center for Disease Control. These precautions should be followed by all Health care workers to protect themselves against infection from HIV, HBV and other blood borne viruses and microbes. Under Universal Precaution guidelines, the use of gloves, gowns, masks and/or goggles is recommended as appropriate to the situation and to prevent direct contact with all body fluids of all persons. Preventing initial infection and the spread of infection are of the utmost importance in the health care field. In addition to Blood Borne Pathogens, the same consideration should be followed for protection from liquid (IV and other) medications being administered or handled. Any potential item that might cause a healthcare worker to be contaminated or exposed to a dangerous situation should be handled in the same manner as instructed and with the same safety and prevention equipment as mandated for BBP contamination prevention.
BLOOD BORNE PATHOGENS STANDARD/OSHA/UNIVERSAL PRECAUTIONS
HEALTH CARE WORKER: Health care workers are defined as persons, including students and trainees, whose activities involve contact with patients or with blood or other body fluids from patients in health care settings. BODY FLUIDS TO WHICH UNIVERSAL PRECAUTIONS APPLY: Blood and other body fluids containing visible blood, semen, vaginal secretions, cerebrospinal fluid (CSF), synovial fluid, pericardial fluid, saliva, amniotic fluid. Also included in the prevention items as any potential contaminate such as liquid medications (IV and other) or any type of potential contaminate.
*All health care workers should routinely use appropriate barrier precautions to prevent skin and mucous membrane exposure when contact with blood or other body fluids of any patient are anticipated or remotely possible. Additionally, other potential contaminates such as liquid medications (IV and other) or any other potential contaminate should be treated the same as blood and body fluid as far as the prevention methods.
Gloves should be worn for touching of blood and body fluids, mucous membranes, non-intact of all patients, for handling items or surfaces soiled with blood or body fluids, and performing, venipuncture and other vascular access procedures. Gloves should be changed after contact with each patient.
MASK/PROTECTIVE EYEWEAR/FACE SHIELDS:
All aforementioned should be worn during procedures that are likely to generate droplets of blood or other body fluids to prevent exposure to mucous membranes of the mouth, nose and eyes. This also pertains to other potential contaminate situations such as liquid meds (IV and other) or other contaminates.
Should be worn during procedures that are likely to generate splashes of blood or other body fluids and other potential contaminates such as liquid medications. Hands and other skin surfaces should be washed immediately if contaminated with blood or other body fluids. HANDS SHOULD BE WASHED IMMEDIATELY after gloves are removed. Soap and water should be used on the skin; water flushing for the eyes.
PRIVACY/ ADHERENCE TO HIPAA STANDARDS
HIPAA AND THE HIPAA RULES
The Parties must comply with United States statutory law known as the Health Insurance Portability and Accountability Act of 1996 as amended and any amendments and modifications to the law that become effective during the term of this Agreement.1 The statutory law is referred to in this Agreement as “HIPAA”.
THE HIPAA RULES
The Parties must comply with Federal administrative law consisting of regulations authorized by HIPAA called the Privacy Rule, Security Rule, Breach Notification Rule and Enforcement Rule and any amendments, additions and modifications to the regulations that become effective during the term of this Agreement. 2 The regulations are referred to in this Agreement as “The HIPAA Rules”.
This Agreement is a Business Associate Contract between the Parties in compliance with The HIPAA Rules to accomplish the following purposes: To enable Covered Entity to obtain Satisfactory Assurances from Business Associate that Business Associate will appropriately safeguard all Protected Health Information (PHI) including Electronic Protected Health Information (EPHI) that Covered Entity Discloses to Business Associate and that Business Associates creates, receives, maintains or transmits on behalf of Covered Entity, To document the satisfactory assurances described Sub-section 3.A in writing; To establish the permitted and required Uses and Disclosures of PHI including EPHI by Business Associate; and To confirm and document the exchange and receipt of mutual promises made by the Parties that during the Term of this Agreement each Party will perform its obligations in compliance 1 United States statutes that, as of the Effective Date, consist of sections 1171-1180 of the Social Security Act (Administrative Simplification), sections 262 and 264 of Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996), section 105 of Public Law 110-233 (Genetic Information Nondiscrimination Act of 2008), sections 13400-13424 of Public Law 111-5 (Health Information Technology for Economic and Clinical Health Act or ‘‘HITECH Act”) and section 1104 of Public Law 111-148 (Patient Protection and Affordable Care Act). 2 45 CFR Parts 160 and Subparts A, C, D and E of Part 164 with HIPAA and The HIPAA Rules and establish and document the performance required of each Party by this Agreement.
DEFINED TERMS USED IN THIS AGREEMENT
The following terms are defined in The HIPAA Rules and are capitalized for clarity and ready reference in this Agreement. Any change to HIPAA or The HIPAA Rules modifying a defined term or the citation of a defined term in this Agreement shall be deemed incorporated into this Agreement on the effective date of such change. “Access of Individuals to Protected Health Information” shall mean the procedures described in 45 CFR §164.524 of The HIPAA Rules and is referred to in this Agreement as “Access of an Individual to PHI.” “Accounting of Disclosures of Protected Health Information” shall mean the procedures described in 45 CFR §164.528 of The HIPAA Rules and is referred to in this Agreement as “Accounting of Disclosures of PHI.” “Amendment of Protected Health Information” shall mean the procedure described in 45 CFR §164.526 of The HIPAA Rules and is referred to in this Agreement as “Amendment of PHI.” “Availability” shall have the same meaning as the term “availability” defined in 45 CFR §164.304 of The HIPAA Rules. 4.E. “Breach” means the acquisition, access, use, or disclosure of Protected Health Information in a manner not permitted under the Privacy Rule which compromises the security or privacy of the Protected Health Information as defined in 45 CFR §164.402 of The HIPAA Rules. “Breach Notification Rule” shall mean the regulations set forth in The HIPAA Rules at 45 CFR § 164.400-414. “Business Associate” shall have the same meaning as the term “business associate” defined in 45 CFR §160.1-3 of The HIPAA Rules. Business Associate identified in this Agreement as a Party is a “business associate” as defined by the HIPAA Rules. “Business Associate Contract” shall mean written contract required by The HIPAA Rules and described at 45 CFR §§ 164.308(b), 164.314(a), 164.502(e) and 164.504(e). This Agreement is a Business Associate Contract as defined by The HIPAA Rules. “Confidentiality” shall have the same meaning as the term “confidentiality” defined in 45 CFR §164.304 of The HIPAA Rules. “Covered Entity” shall have the same meaning as the term “covered entity” defined in 45 CFR §160.103 of The HIPAA Rules. Covered Entity identified in this Agreement as a Party is a “covered entity” as defined by The HIPAA Rules. “Data Aggregation” shall have the same meaning as the term “data aggregation” defined in 45 CFR §164.501 of The HIPAA Rules. “Date of Discovery” means the first day on which a Breach is known or, by exercising Reasonable Diligence would have been known to to any person, other than the person committing the breach, who is a workforce member or agent of the Covered Entity or Business Associate as defined by 45 CFR §164.404(a)(2) and 45 CFR §164.410(a)(2) of The HIPAA Rules. “Designated Record Set” shall have the same meaning as the term “designated record set” defined in 45 CFR §164.501 of The HIPAA Rules. 4.N. “Disclosure” shall have the same meaning as the term “disclosure” defined in 45 CFR §160.103 of The HIPAA Rules and Disclose means to make a Disclosure. “Electronic Protected Health Information” shall have the same meaning as the term “electronic protected health information” defined in 45 CFR § 160.103 of The HIPAA Rules. Electronic Protected Health Information is referred to in this Agreement as “EPHI”. All EPHI is also “Protected Health Information” (PHI) – see definition in Sub-section 4.W. “Enforcement Rule” shall mean the regulations set forth in The HIPAA Rules at 45 CFR Part 160, Subparts C, D and E. “Individual” shall have the same meaning as the term “individual” defined in 45 CFR §160.103 of The HIPAA Rules. “Integrity” shall have the same meaning as the term “integrity” defined in 45 CFR §164.304 of The HIPAA Rules. “Marketing” shall have the same meaning as the term “marketing” defined in 45 CFR §164.501 of The HIPAA Rules. “Minimum Necessary” shall have the same meaning as “minimum necessary” defined in 45 CFR §164.502(b) and 45 CFR §164.514(d) of The HIPAA Rules. “Organized Health Care Arrangement” shall have the same meaning as “organized health care arrangement” as defined in 45 CFR §160.103.501 of The HIPAA Rules. “Privacy Rules” shall mean the regulations set forth in The HIPAA Rules at 45 CRF Part 160 and Subparts A and E of Part 164. “Protected Health Information” shall have the same meaning as the term “protected health information” defined in 45 CFR §160.103 of The HIPAA Rules. Protected Health Information is referred to in this Agreement as “PHI”. “Reasonable Diligence” shall have the same meaning as the term “reasonable diligence” defined in 45 CFR §160.401 of The HIPAA Rules. “Remuneration” shall have the same meaning as “financial remuneration” defined in section (3) of the definition of Marketing in 45 CFR §164.501 of The HIPAA Rules including direct or indirect remuneration for the Sale of Protected Health Information in accordance with 45 CFR §164.502(a)(5)(ii)(B)(1) of The HIPAA Rules. “Required by Law” shall have the same meaning as the term “required by law” defined in 45 CFR §164.103 of The HIPAA Rules. 4.AA “Restriction” shall mean a restriction of Uses and Disclosures of Protected Health Information in accordance with 45 CFR §164.522(a), a restriction to accommodate an Individual’s request for confidential communications in accordance with 45 CFR §164.522(b) or a restriction of unencrypted electronic transmission of an Individual’s PHI to the Individual in accordance with The HIPAA Rules explained at 78 FR 5634, Jan. 25, 2013 and 79 FR 7302, Feb. 6, 2014. 4.BB “Sale of Protected Health Information” shall have the same meaning as the term “sale of protected health information” defined in 45 CFR §164.502(a)(5)(ii)(b) of The HIPAA Rules. Sale of Protected Health Information sometimes is referred to in this Agreement as “Sale of PHI.” 4.CC “Secretary” shall mean the Secretary of U.S. Department of Health and Human Services (HHS) or any other officer or employee of HHS to whom the authority involved has been delegated as defined in 45 CFR § 160.103 of The HIPAA Rules. 4.DD “Security Incident” shall have the same meaning as the term “security incident” defined in 45 CFR § 164.304 of The HIPAA Rules. 4.EE “Security Rule” shall mean the regulations set forth in The HIPAA Rules at 45 CFR Part 160 and Subparts A and C of Part 164. 4.FF “State Law” shall have the same meaning as the term “state law” defined in 45 CFR §164.202 of The HIPAA Rules. 4.GG “Subcontractor” means a Business Associate that creates, receives, maintains, or transmits Protected Health Information on behalf of a Business Associate as defined in 45 CFR § 160.103 of The HIPAA Rules and are referred to in this Agreement as “Subcontractor Business Associates”. HH “Unsecured Protected Health Information” shall have the same meaning as the term “unsecured protected health information” defined in 45 CFR §164.402 of The HIPAA Rules and means Protected Health Information that in not rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance issued under HIPAA (section 13402(h)(2) of Public Law 111-5). Unsecured Protected Health Information is referred to in this Agreement as “Unsecured PHI.” 4.II “Use” shall have the same meaning as the term “use” defined in 45 CFR §160.103 of The HIPAA Rules.
THE SPECIFIC PROTECTED HEALTH INFORMATION (PHI) AND ELECTRONIC PROTECTED HEALTH INFORMATION (EPHI) THAT ARE THE SUBJECT OF THIS AGREEMENT
In this Agreement the defined terms Protected Health Information – PHI and Electronic Protected Health Information – EPHI refer exclusively and only to: PHI and EPHI Business Associate creates, receives, maintains or transmits on behalf of Covered Entity to perform a function or activity regulated by The HIPAA Rules; PHI and EPHI Disclosed to Business Associate by or on behalf of Covered Entity so that Business Associate may provide legal, actuarial, accounting, consulting, Data Aggregation, management, administrative, accreditation, or financial services to or for Covered Entity PHI and EPHI that a Subcontractor Business Associate creates, receives, maintains, or transmits on behalf of Business Associate related to a function or activity described in Sub- section 5.A or provision of a service described in Sub-section 5.B.
UNDERLYING BUSINESS AGREEMENT
Covered Entity and Business Associate have a business relationship established by one or more written or oral contracts or agreements made before, on or after the Effective Date involving Use, Disclosure, creation, receipt, maintenance or transmission of PHI and/or EPHI described in Section 5 that are referred to in this Agreement collectively as the “Underlying Business Agreement”.
THE UNDERLYING BUSINESS AGREEMENT – HIPAA AND THE HIPAA RULES
The Underlying Business Agreement requires Business Associate to perform a function or activity or provide a service involving the PHI and/or EPHI described in Section 5 that is subject to compliance with HIPAA and The HIPAA Rules. Accordingly, in order to perform their respective obligations established by the Underlying Business Agreement Covered Entity and Business Associate must enter into a Business Associate Contract.
EFFECT OF THIS AGREEMENT – CONSIDERATION
This Agreement is a Business Associate Contract. The Parties agree that the terms, conditions, promises and performance described in this Agreement are required by HIPAA and The HIPAA Rules to perform their respective obligations established by the Underlying Business Agreement. Accordingly, the mutual promises and obligations of the Parties set forth in this Agreement are good, valuable, sufficient and mutual consideration given, received, and accepted by each Party for this Agreement and elements of the good, valuable, sufficient and mutual consideration given, received, and accepted by each Party for the Underlying Business Agreement that permit the Parties to continue their established business relationship or establish a new business relationship.
THIS AGREEMENT INCORPORATED IN UNDERLYING BUSINESS AGREEMENT
The Parties agree that this Agreement is incorporated by reference in the Underlying Business Agreement and by execution of this Agreement, do hereby amend the Underlying Business Agreement to include this Agreement. This Agreement supersedes and renders null and void any provision in the Underlying Business Agreement, whether made before or after the Effective Date, that conflicts with HIPAA or The HIPAA Rules. Any provisions in the Underlying Business Agreement, whether made before or after the Effective Date, regarding Business Associate’s limitation or exclusion of liability or damages shall not apply to Business Associate’s liability for breach of this Agreement or limit remedies available to Covered Entity under this Agreement.
OBLIGATIONS OF BUSINESS ASSOCIATE UNDER THIS AGREEMENT
Business Associate shall not Use or further Disclose PHI other than as permitted or required by this Agreement, the Underlying Business Agreement or as Required by Law. Business Associate shall appropriately safeguard all PHI including EPHI that Covered Entity Discloses to Business Associate and that Business Associate creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate warrants that as of the Effective Date it is compliant with the applicable requirements of the Security Rule and will remain compliant with the Security Rule at all times during the Term of the Agreement and, if necessary, comply with the Security Rule and The HIPAA Rules that are applicable to fulfill any obligations that survive the Agreement’s termination in accordance with Section 12 and Sub-section 10.C of this Agreement. Business Associate shall enter into a written Business Associate Contract with any Subcontractor Business Associate to which it Discloses PHI including EPHI or that creates, receives, maintains, or transmits EPHI on its behalf by which it shall obtain satisfactory assurances that the Subcontractor Business Associate agrees to comply with the same restrictions and conditions that apply to Business Associate with respect to all PHI including EPHI, comply with applicable requirements of the Security Rule and appropriately safeguard all such PHI including EPHI. Business Associate shall not engage the services of a Subcontractor Business Associate, enter into a Business Associate Contract with a Subcontractor Business Associate described in Sub- section 7.D, Disclose PHI including EPHI or permit a Subcontractor Business Associate to create, receive, maintain, or transmit PHI and EPHI on its behalf unless the Subcontractor Business Associate is at all relevant times subject to the laws of the United States including the Secretary’s Enforcement of HIPAA and The HIPAA Rules and civil enforcement by Business Associate of the Business Associate Contract with a Subcontractor Business Associate. If Business Associate knows of a pattern of activity of practice of a Subcontractor Business Associate that constitutes a material breach or violation of the Subcontractor Business Associate’s obligations under the Business Associate Contract described in Sub-section 7.D, Business Associate shall take reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are unsuccessful, terminate the Business Associate Contract with the Subcontractor Business Associate. Business Associate shall not Disclose PHI for Marketing for which it receives Remuneration unless the Individual has executed a valid authorization stating Remuneration is involved in accordance with 45 C.F.R. §164.508(a)(3) of the HIPAA Rules and shall not Disclose PHI which is a Sale of PHI unless the Individual has executed a valid authorization stating Remuneration is involved in accordance with 45 C.F.R. §164.508(a)(4) of The HIPAA Rules. Business Associate, when Using, Disclosing or requesting PHI, shall make reasonable efforts to limit the PHI to the Minimum Necessary to accomplish the intended purpose of the Use, Disclosure or request. Business Associate shall comply with applicable requirements of the Breach Notification Rule and shall notify Covered Entity of any Breach of Unsecured PHI it discovers not later than five (5) calendar days after Business Associate’s Date of Discovery of the Breach of Unsecured PHI. Business Associate shall report to Covered Entity any Use or Disclosure of information not provided for by this Agreement or the Underlying Business Agreement of which it becomes aware not later than five (5) calendar days after it becomes aware of such Use or Disclosure. Business Associate shall report any Security Incident of which it becomes aware to Covered Entity not later than thirty (30) calendar days after it becomes aware of such Security Incident. If Business Associate maintains PHI of an Individual in a Designated Record Set, Business Associate shall make the PHI available to Covered Entity within five (5) calendar days after receiving a request for the PHI from Covered Entity as provided in Sub-section 9.B in order for Covered Entity to satisfy Covered Entity’s obligations regarding Access of an Individual to PHI in accordance with 45 CFR § 164.524 of The HIPAA Rules. If Business Associate maintains PHI of an Individual in a Designated Record Set, Business Associate shall make the PHI available to Covered Entity within five (5) calendar days after receiving notice from Covered Entity as provided in Sub-section 9.C that the PHI is subject to an Individual’s request for Amendment in accordance with 45 CFR § 164.526 of The HIPAA Rules. Covered Entity shall be solely responsible for determining the appropriate response to a request for Amendment and Business Associate shall incorporate any such amendments in the Individual’s Designated Record Set maintained by Business Associate. Business Associate will maintain and make available to Covered Entity the information required to provide an Accounting of Disclosures of PHI in accordance with 45 CFR § 164.528 of The HIPAA Rules within five (5) calendar days of receipt of notice requesting such information from Covered Entity as provided in Sub-section 9.D. Business Associate, to the extent it is required to carry out an obligation of Covered Entity under the Privacy Rule, shall comply with the requirements of the Privacy Rule that apply to Covered Entity in the performance of the obligation. Business Associate, if required by the Underlying Business Agreement to make Uses or Disclosures of PHI subject to Restrictions, shall comply with each such Restriction immediately upon receipt of notification of the Restriction from Covered Entity in accordance with Sub- section 9.E and shall comply with the Restriction during the Term of this Agreement or until Covered Entity notifies Business Associate that the Restriction has been terminated. Business Associate will Disclose PHI to the Secretary in accordance with 45 CFR § 164.502(a)(4)(i) of The HIPAA Rules when required by the Secretary under the Enforcement Rule to investigate or determine Business Associate’s compliance with The HIPAA Rules. Business Associate will make its internal practices, books and records relating to the Use and Disclosure of PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, or created or received by Business Associate on behalf of Covered Entity, available to the Secretary in accordance with 45 CFR § 164.504(e)(2)(ii)(I) of The HIPAA Rules for purposes of determining Covered Entity’s compliance with The Privacy Rule.
PERMITTED USES AND DISCLOSURES OF PHI BY BUSINESS ASSOCIATE
Business Associate may Use or Disclose PHI for its proper management and administration or carry out its legal responsibilities if the Disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that it will be held confidentially and used or further Disclosed only as Required by Law or for the purposes for which it was Disclosed to the person and that person notifies Business Associate of any instances of which it is aware in which the Confidentiality of the information has been Breached. Business Associate may provide Data Aggregation services if performance of such services is provided for in the Underlying Business Agreement.
OBLIGATIONS OF COVERED ENTITY
Covered Entity shall make reasonable efforts to limit any Use, Disclosure or request of PHI made to Business Associate to the Minimum Necessary to accomplish the intended purpose of the Use, Disclosure, or request. Covered Entity shall notify Business Associate in a timely manner in accordance with 45 CFR § 164.524 and 45 CFR § 164.502(a)(4)(ii) of The HIPAA Rules, so that Business Associate may make the PHI available to Covered Entity as necessary to satisfy Covered Entity’s obligations regarding a request for Access of Individuals to PHI as provided in Sub-section 7.L. Covered Entity shall notify Business Associate in a timely manner in accordance with 45 CFR § 164.526 of The HIPAA Rules, as necessary, so Business Associate may make available PHI for Amendment of PHI and incorporate any Amendment of PHI in a Designated Record Set as provided in Sub-section 7.M. Covered Entity shall notify Business Associate in a timely manner in accordance with 45 CFR § 164.528 of The HIPAA Rules, as necessary, to enable Business Associate to fulfill any obligation regarding an Accounting of Disclosures of PHI as provided in Sub-section 7.N. Covered Entity shall notify Business Associate of any Restriction of the Use or Disclosure of an Individual’s PHI that is applicable to Business Associate’s performance of its obligations required by the Underlying Business Agreement when and if such Restriction becomes effective during the Term of this Agreement and shall notify Business Associate when and if such Restriction is terminated.
TERM AND TERMINATION
The Term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until such time as the Parties terminate the business relationship referred to in Sub-section 5.A or terminate this Agreement pursuant to a provision of this Section 10, provided, however, that any termination is subject to the provisions of Sub-section 10.C and Section 12 concerning survival of certain obligations and provisions of this Agreement.
The Parties may terminate this Agreement by mutual consent in writing executed by the Parties and on terms that are agreeable to the Parties provided the Agreement is no longer required under HIPAA or The HIPAA Rules. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under this Agreement, Covered Entity shall take reasonable steps to cure the breach or end the violation, as applicable. If such steps are unsuccessful, Covered Entity may terminate this Agreement and the Underlying Business Agreement with Business Associate by providing notice in accordance with Section 13. Either Party, upon learning or having reasonable cause to believe that the other Party has committed a material breach or violation of this Agreement, shall give written notice to the other Party describing the material breach or violation and granting the other Party a period of thirty (30) days to cure the material breach or violation or submit proof that it has not committed such material breach or violation. If such material breach or violation was committed and is not cured within thirty (30) days, this Agreement and the Underlying Business Agreement shall be terminated by written notice to the Party that committed the material breach or violation, provided, however, that if substantial cure is in progress the Parties may extend the period to cure the material breach or violation by mutual agreement in writing by providing notice in accordance with Section 13. Covered Entity may terminate this Agreement and the Underlying Business Agreement immediately if Business Associate is determined to have violated HIPAA or The HIPAA Rules in any administrative, judicial or other legal proceeding regardless of whether the violation involves this Agreement or the Underlying Business Agreement by giving written notice to Business Associate. If either Party believes in good faith that any provision of this Agreement fails to comply with modifications or administrative or judicial interpretations of HIPAA or The HIPAA Rules, such Party shall give written notice to the other Party stating its specific concerns. For a period of thirty (30) days following provision of notice, the Parties shall address in good faith such concerns and amend this Agreement, if necessary. If, after such thirty-day period, a Party believes in good faith that the Agreement fails to comply with HIPAA or The HIPAA Rules, that Party has the right to terminate this Agreement and the Underlying Business Agreement by written notice to the other Party.
EFFECT OF TERMINATION
When this Agreement is terminated, if feasible, Business Associate shall return to Covered Entity or destroy all PHI (including EPHI) received from, or created or received by Business Associate on behalf of, Covered Entity that Business Associate still maintains in any form and retain no copies of such PHI or, if such return or destruction is not feasible, extend the protections of this Agreement to PHI and EPHI and limit further Uses and Disclosures to those purposes that make the return or destruction of the information infeasible. When it becomes feasible, Business Associate shall return to Covered Entity or, if agreed to by Covered Entity, destroy PHI and EPHI retained by Business Associate. Business Associate’s obligations under this Agreement regarding PHI and EPHI that is not returned or destroyed at termination of this Agreement shall remain in full force and effect and survive termination of this Agreement in accordance with Section 12 and Sub-section 7.C.
If an Arbitrator or Court of competent jurisdiction shall declare any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be severed from this Agreement and all the remaining provisions of this Agreement shall continue in full force and effect. The invalidity, illegality or unenforceability of any term of this Agreement shall not affect the validity, legality or enforceability of the remaining terms of this Agreement. However, if permitted by applicable law, any invalid, illegal or unenforceable provision may be considered in determining the intent of the Parties with respect to other provisions of this Agreement.
SURVIVAL OF COVENANTS
Any provision in this Agreement that is specifically stated to survive the termination of this Agreement and any provision which, by its terms, cannot be performed prior to the termination of this Agreement or which, by its terms, continues beyond the Term of this Agreement shall be deemed to survive the termination of this Agreement and shall be enforceable by the Parties including but not limited to Business Associate’s obligation to extend all protections described in this Agreement to PHI and EPHI that is not returned or destroyed upon termination in accordance with Sub-section 10.C.
Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed sufficiently given to a Party if (a) delivered personally; (b) sent by certified U.S. Mail, return receipt requested; or (c) sent by a national overnight delivery service (such as Federal Express or UPS with delivery verification) addressed to the Party at the address of its principal place of business set forth in this Agreement or to such other address furnished by written notice to the other Party by means of the procedures set forth in this Sectio.
No Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party and such consent shall not be withheld unreasonably.
ENTIRE BUSINESS ASSOCIATE AGREEMENT – AMENDMENT MUST BE IN WRITING
This is the entire Business Associate Agreement between the Parties. This Agreement shall not be altered, amended or modified except in writing executed by the Parties. Amendments to the Underlying Business Agreement or the making of an Underlying Business Agreement between the Parties after the Effective Date shall not be construed as an amendment of this Agreement. The Parties agree to take such action as is necessary to amend this Agreement to the extent necessary to allow either Party to comply with HIPAA and The HIPAA Rules during the Term of this Agreement. Regardless of whether this Agreement is amended in writing to conform to an amendment of HIPAA or The HIPAA Rules it shall be construed to comply with HIPAA, The HIPAA Rules and applicable State Law in accordance with Sub-sections 20.A and 20.B.
Failure of either Party at any time to require strict performance of any provision of this Agreement shall not be considered to be an implied waiver of any breach, or of any succeeding breach, of such provision or an implied waiver of any right of the Party to take any action or obtain any relief permitted under this Agreement. A waiver of any right, duty or obligation established by this Agreement must be an express written waiver executed by the Party making the waiver.
FORCE MAJEURE – SECURITY RULE EXCEPTION
If either Party is delayed or prevented from fulfilling its obligations under this Agreement by Force Majeure, the Party shall not be liable under this Agreement for the delay or failure. Force Majeure means any cause beyond the reasonable control of a Party, including but not limited to acts of God, civil or military disruption, terrorism, fire, strike, flood, riot, war, or inability, due to the aforementioned causes, to obtain necessary labor, materials or facilities.
HIPAA SECURITY RULE EXCEPTION TO FORCE MAJEURE
The provisions of Sub-section 17.A concerning Force Majeure shall not relieve Business Associate of its responsibility under the Security Rule to implement security measures sufficient to reduce risks and vulnerabilities to a reasonable and appropriate level to ensure the Confidentiality, Integrity and Availability of all EPHI Business Associate creates, receives, maintains, or transmits; protect against any reasonably anticipated threats or hazards to the security or Integrity of such information and protect against any reasonably anticipated Uses or Disclosures of such information that are not permitted or required under Privacy Rule.
RELATIONSHIP BETWEEN THE PARTIES
The Parties to this Agreement are independent contractors. This Agreement does not create a joint venture, partnership, merger, and employer-employee relationship or Organized Health Care Arrangement between the Parties nor does it make either Party an agent of the other. No provision of this Agreement is intended to create, nor may be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other for the purpose of complying with HIPAA and The HIPAA Rules. Nothing in this Agreement is intended to confer on Covered Entity the authority or right to control the the other Party’s conduct in the course of performing its obligations under this Agreement.
EXECUTION AND COUNTERPARTS, COUNTERPARTS AND FACSIMILE DELIVERY
The Parties may execute this Agreement in any number of counterparts, and each counterpart shall, for all purposes, be deemed an original instrument. All such counterparts together shall constitute but one and the same Agreement. The Parties may sign and deliver this Agreement by facsimile or electronic transmission and may execute this Agreement in compliance with applicable e-signature law. At the request of either Party, the Parties shall also provide signed counterparts to each other.
20.A COMPLIANCE WITH HIPAA AND THE HIPAA RULES
Any ambiguity in this Agreement shall be construed and resolved to permit the Parties to comply with HIPAA and The HIPAA Rules.
20.B STATE LAW
In accordance with 45 CFR § 160.203 of The HIPAA Rules, the Parties shall comply with applicable State Law that is not preempted by The HIPAA Rules.
20.C GOVERNING LAW
This Agreement and the rights and obligations of the Parties shall be governed and construed by HIPAA, The HIPAA Rules and the law of the State of Kansas without regard to applicable conflict of laws principles.
Any dispute relating to this Agreement shall be resolved by alternative dispute resolution or in a state or federal court located in Kansas and Business Associate consents to such venue.
20.E SUCCESSORS AND ASSIGNS
This Agreement is binding upon all successors and assigns of the Parties.
20.F NO THIRD PARTY BENEFICIARY
Nothing in this Agreement, whether expressed or implied, shall be considered or construed to confer any rights, remedies, obligations, or liabilities or to impose any obligation whatsoever on any person other than the Parties and the respective successors or assigns of the Parties.
Each Section and Sub-section in this Agreement identified by a caption is for convenience only. No caption is substantive or may be used to construe the meaning of any Section, Sub-section or provision of this Agreement.
20.H EQUITABLE RELIEF
The Parties recognize that a breach of this Agreement by one Party may result in irreparable or immediate harm to the other Party. Accordingly, either Party shall have the right to seek equitable relief to enjoin, restrain, redress, mitigate or prevent irreparable harm in a court of competent jurisdiction to enforce the terms of this Agreement while reserving its rights to pursue all other available remedies from the other Party under this Agreement or the Underlying Business Agreement. In the event a Party seeks equitable relief from a court of competent jurisdiction under this section, the prevailing Party shall be entitled to receive its costs from the other Party including actual attorneys’ fees that are reasonably incurred.
ABUSE, NEGLECT OR EXPLOITATION REPORTING
Medicalshift requires that every contractor reports any allegations of Abuse Neglect and Exploitation to the supervisor immediately as soon as the encounter occurs. If medicalshift is notified of or becomes aware of potential abuse, neglect or exploitation event involving any one of the indipendent contractors, the report will be investigated and reported appropriately and will notify applicable governing state board or other agency any time necessary or if the rules, laws or regulations dictate we must. “ABUSE” means any act or failure to act or performed intentionally or recklessly that causes or is likely to cause harm to an adult,including: infliction of physical or mental injury; any sexual act with an adult when the adult does not consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship; unreasonable use of a physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician’s orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the adult; a threat or menacing conduct directed toward an adult that results or might reasonably be expected to result in fear or emotional or mental distress to an adult, fiduciary abuse; or omission or depravation by a caretaker or another person of goods or services which are necessary to avoid physical harm/illness or mental harm/illness. “NEGLECT” means the failure or omission by one’s self, caretaker or another person with a duty to supply or provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. “EXPLOITATION” means misappropriation of an adult’s property or intentionally taking unfair advantage of an adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influences, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.
POLICY CHANGES OR QUESTIONS
If you ever have any questions regarding Policy. Ask your immediate supervisor.
All clinical personnel shall have the right voice any concerns to the supervisory staff at any time. If you have an issue that has gone unresolved or feel that you were not fairly treated by the staff you may contact HR manager at the Client Facility….