Stay connected with patients and colleagues, reduce telephone tag and save time thanks to our secure 1-on-1 messaging feature.
Simple to use—reach patients and colleagues easily from anywhere and provide the best treatment via real-time video.
Group & Team Chat
Stay connected across care teams and easily share updates with colleagues—improving collaboration between providers and staff.
Remove the need for a pager! Priority Paging via messaging allows you to promptly address your patient's urgent needs.
Do Not Disturb
Turn on the do-not-disturb function to disable notifications and let patients and colleagues know that you are not available.
Drive Revenue Growth For Your Practice
Practices & Groups
Unlimited patient engagement
Reach patients and colleagues directly and stop playing telephone tag. Provide treatment from anywhere and start saving time and money!
Home Health Care
Colleague and group messaging
iMessage, WhatsApp and FaceTime are NOT HIPAA compliant. Instead stay connected with your group via LinkMind's secure platform.
Mental Health Care
Secure telehealth visits
Provide the best care treating at-risk mental health patients via unlimited messaging and real-time video visits.
We have over 75 members in our team and LinkMind has done an amazing job with onboarding, account management and support. App works great and we definitely recommend for any practice, nursing or home health organization.
Samantha G. - Office Manager
LinkMind has been a great communication app for our team . Our entire staff including nursing, the providers and their patients use LinkMind everyday. Also, their dedicated support team is always there for us!
Jason G. - Staff Coordinator
Having to wait hours for my therapist to get back to me during a panic attacking is excruciating. With LinkMind I have instant contact in case of emergencies. I feel so relieved to just know that I can get in touch with my therapist instantly.
When you cancel a subscription with us, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods.
We’re constantly refining our product and process so that we can deliver the best experience to our community of users – healthcare providers and patients.
You can easily contact our support team by sending us a request at firstname.lastname@example.org or through your account settings:
Go to Settings > Email Support.
Have Some Questions?
Let us know how we can help
(Last Reviewed August 11, 2017)
1. INFORMATION WE COLLECT
When you register for LinkMind, we collect information that personally identifies you, such as your name, address, mobile telephone number, e-mail addresses and other information that you provide to us or that you include in any LinkMind profile or account (“Personal Information”). You may be asked to provide us with certain Personal Information when you register to use the Services, and at other times. The decision to provide this information is voluntary. However, if you choose not to provide the requested information, you may not be able to use certain features of the Services.
With your permission, which you may withdraw at any time, we will collect your contact lists and/or address book data. This allows us to connect users of the Service and place them in appropriate user groups. As such, we may indicate who of your connections are also users of the Service, and likewise we may indicate to your connections the same regarding you. This feature allows you to connect with other users of the Service and even allows other users of the Service to communicate directly with each other. In order to do this, and to make sure we give users the most up-to-date information, we will periodically check for updates to your contact lists and/or address book data.
We automatically collect usage information that allows us to collect information regarding how users access and use the Services (“Usage Data”). For example, when you download and use Services such as LinkMind, we automatically collect information on the type of device you use and the device identifier (or “UDID”). Additionally, each time you use the Services, we automatically collect information regarding the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view on our Site, the time and duration of your visits to the Site, crash logs and other information relating to your use of the Services. We use this information to analyze trends, administer the Services, troubleshoot any user problems, and to enhance and update the Services.
When you send or receive messages using our Services, we may temporarily process and store your messages, log and contact data, and other related information (“Message Data”) in order to provide these Services to you. After its destruction, Message Data is permanently deleted and cannot be retrieved by LinkMind, except with respect to those clients who have paid separately for us to archive such Message Data. Additionally, certain enterprise organizations can opt to have all Message Data archived on their own servers at their own election.
COOKIES AND DO NOT TRACK
Additionally, your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
2. HOW WE USE THE INFORMATION WE COLLECT
As explained under “INFORMATION WE COLLECT – PERSONAL INFORMATION,” Personal Information and your contact lists and/or address book data may be used, when permitted by you, to find and connect users of the Service. Additionally, LinkMind may use your Personal Information to contact you regarding the Services. For example, we may, with your permission, message you to let you know about new releases, patches and other updates to the Services.
From time to time, we may establish business relationships with other businesses that we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance. We provide our Service Providers with only the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information and Message Data from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information or Message Data in any other manner than as specified by LinkMind.
STANDARD ANALYTICS INFORMATION
3. HOW WE PROTECT THE INFORMATION WE COLLECT
LinkMind is committed to protecting the security of your information. We employ security measures designed to protect your information from unauthorized access. Regardless of efforts, no data transmission over the Internet or other network, including any of LinkMind’s services, can be guaranteed to be 100% secure. Accordingly, we cannot and do not guarantee the security of any information you transmit on or through the Services and any information you transmit is sent at your own risk.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
LinkMind cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Personal Information, Usage Data, Message Data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (b) enforce the Terms or the Services, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of LinkMind, its users or the public as required or permitted by law.
YOUR INFORMATION IS MAINTAINED IN THE UNITED STATES
Please be aware that your information may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. By using the Services, you agree that the collection, use, transfer, and disclosure of your information and communications will be governed by the applicable laws in the United States.
ACCURACY AND RETENTION
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to support@LinkMind.com.
(Last Reviewed in August, 2017)
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE SITE
THE TERMS OF THIS AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING, DOWNLOADING, AND/OR USE OF THE SITE. YOU MAY NOT USE THE SITE OR ACCEPT THE AGREEMENT IF (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (II) YOU ARE PROHIBITED BY LAW FROM RECEIVING OR USING THE SITE.
BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ACCESS, DOWNLOAD, OR USE THE SITE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, DOWNLOAD, OR USE THE SITE.
We reserve the right to change these Terms at any time at our sole discretion. By using the Site after any such change, you agree to comply with and to be bound by these Terms as changed. LinkMind reserves the right at any time and for any reason, with or without notice, to: (1) modify, suspend, interrupt or terminate operation of or access to the Site, or any portion thereof; and (2) modify or change the Site and the applicable terms and policies.
USE OF THE SITE
Subject to the Terms, you may view and access the Site solely for the purpose of using the Site as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor in LinkMind, and not to compete with LinkMind.
WHAT YOU CANNOT DO THROUGH THE SITE
In addition to other limitations set forth in these Terms, by using the Site, you agree not to: (1) use any data mining, robots, or similar data gathering and extraction methods in connection with the Site; (2) interfere with the operation of the Site or with any other person’s use of the Site; (3) impose an unreasonable burden on the Site or network; (4) breach, or attempt to breach, the security of the Site; (5) gain unauthorized access to the Site or any part thereof; (6) use the Site for any purpose that is beyond the scope of the Site’s expected use, illegal or prohibited by these Terms; (7) solicit any activity, unlawful or otherwise, that infringes LinkMind’s rights or the rights of any other party; and (8) use the Site to transmit: spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials; content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct; content that violates or infringes on our legal rights or copyrights, or the legal rights or copyrights of others; or viruses, bugs, worms, or any other computer code that may harm a network, computer, server, hardware, software, or telephone equipment.
LinkMind SERVICES & SOFTWARE
If you use, access or download any of LinkMind’s software or services, you will be subject to the terms of LinkMind’s End User License Agreement, which can be found at www.GetLinkMind.com.
USER SAFETY & USER AGE RESTRICTION
Although LinkMind cannot guarantee user safety, LinkMind seeks to be responsive to your concerns. If you are aware of or have been the recipient of threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate messages through the Site, then please send a brief description of your concerns to support@LinkMind.com.
The Site shall not be used by any person under the age of 13, and by using the Site you are warranting that you are 13 years of age or older. LinkMind also strongly recommends that children ages 13 through 17 consult their parents or legal guardians before using the Site. If you believe a child under the age of 13 is using the Site, please send all pertinent information to support@LinkMind.com.
If you enter data through the Site, you agree to provide accurate and truthful information about yourself and to keep your account current. You are responsible for any activity that occurs under your account and you are entirely responsible for the security and secrecy of your account login information and for all activity that occurs on your account as a result of your failure to maintain the security or secrecy of your account login information. You agree to notify LinkMind immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You may be held responsible for any losses incurred by LinkMind or any other user of the Site that are in any way related to your failure to maintain the security of your account information.
Unless otherwise stated, all intellectual property, materials, works, software, code and other functions used in conjunction with the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and “look and feel” (collectively, the “Content”) are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the Content may violate such laws and these Terms. Except as expressly provided herein, LinkMind does not grant any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Content or their selection and arrangement on the Site, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, the Site or any related software, except as expressly authorized herein. The Site may also make available materials, information and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively, the “Third Party Content”). The Third Party Content may be governed by separate license agreements that accompany such content. Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. LinkMind offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by LinkMind. You agree that you will not hold LinkMind responsible or liable with respect to the Third Party Content or seek to do so.
“LinkMind” and other LinkMind graphics, logos, designs, page headers, button icons, scripts and Site names are trademarks in the United States and other countries. Our trademarks and trade dress, as well as third party trademarks, logos and Site marks contained on the Site, may not be used in connection with any product or Site in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LinkMind or such third party that may own the mark.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that information contained on the Site infringes your copyright, please provide us with written notification as set forth below. We will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
A clear description or identification of the copyrighted work that you claim was infringed;
A clear description or identification of the material you claim infringes the copyrighted work and information reasonably sufficient to allow us to locate the material on the Site (e.g., a link to the material you claim is infringing);
Your contact information, preferably including an email address and telephone number;
Include the following or similar statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following or similar statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the owner or the person authorized to act on its behalf.
LinkMind’s designated agent to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) may be contacted at: accounts@LinkMind.com or LinkMind, Attn: Copyright Claims, 2110 Broadway, Santa Monica, California 90404. We will review and address all notices that comply with the requirements set forth above. Please do not send any correspondence unrelated to claims of copyright infringement as they will not be responded to.
PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES, WHICH MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
In accordance with the DMCA, LinkMind has adopted a policy of terminating account holders who are deemed to be repeat copyright infringers.
You agree to defend, indemnify and hold harmless LinkMind, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your use of, or access to, the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SITE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will LinkMind its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) the use of, or inability to use, the Site; (2) the performance of the Site; or (3) the conduct of other users of the Site, even if LinkMind has been advised of the possibility of such damages. You assume total responsibility for your use of the Site. Your only remedy against LinkMind for dissatisfaction with the Site is to stop using the Site. If, notwithstanding the terms herein, LinkMind is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, LinkMind’s liability shall in no event exceed $100 US Dollars. In addition to the forgoing limitations of liability, you agree that you will not join any claim against LinkMind with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no claim you have against LinkMind shall be resolved on a classwide basis; and that you will not assert a claim in a representative capacity against LinkMind on behalf of anyone else.
CONTROLLING LAW AND SEVERABILITY
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
Any notice required or permitted to be given in accordance with this Agreement shall be in writing. Notices to LinkMind shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: LinkMind, Inc., 2110 Broadway, Santa Monica California 90404, U.S.A., Attention: General Counsel. For contractual purposes, you consent to receive communications from LinkMind electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless LinkMind is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail, (or ten (10) days for international mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.
The parties agree that a material breach of this Agreement adversely affecting LinkMind’s intellectual property rights in the Site may cause irreparable injury to LinkMind for which monetary damages would not be an adequate remedy and LinkMind shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.
[End of Website Terms of Service]
Business Associate Agreement
UPDATED FOR THE HIPAA OMNIBUS RULE
This Business Associate Agreement is entered into by and between LinkMind, Inc., a California corporation (“LinkMind” or “Business Associate”) and (“Client” or “Covered Entity”), as of the date executed by or on behalf of an authorized representative of Client (“Effective Date”).
WHEREAS, the parties previously have entered into that certain agreement or agreements (“Agreement(s)”) for the provision of services (which may include transaction services as well as the servicing of hardware and/or software products) (“Services”) that involve the use and/or disclosure of Protected Health Information; and WHEREAS, LinkMind and Client wish to enter into this Business Associate Agreement in order for both parties to establish their respective compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and HIPAA Rules.
WHEREAS, the parties wish to enter into this Business Associate Agreement to govern LinkMind’s use and disclosure of the Protected Health Information and implementation of safeguards for the security of Electronic Protected Health Information under the Agreement(s). LinkMind and Client are both committed to complying with (a) HIPAA, (b) the HIPAA Rules, and (c) applicable state law, as these statutes and regulations may be amended from time to time. This Business Associate Agreement sets forth the terms and conditions pursuant to which Protected Health Information will be handled by Business Associate during the term of the Agreement.
LinkMind and Client agree as follows:
1.1. The following capitalized terms used in this Business Associate Agreement shall have the meanings established for purposes of the HIPAA Rules, as amended from time to time: Breach, Data Aggregation, Designated Record Set, Health Care Operations, Individual, Minimum Necessary, Required by Law, Security Incident, Subcontractor, and Unsecured Protected Health Information.
1.2. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103 and, in reference to a party to this Business Associate Agreement, shall mean LinkMind.
1.3. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103 and in reference to a party of this Business Associate Agreement, shall mean Client.
1.4. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR Part 160 and Part 164, as amended from time to time.
1.5 “Information System” shall mean an interconnected set of information resources under the same direct management and/or control and that shares common functionality. A system normally includes hardware, software, information, data, applications, communication, and people. For purposes of this Business Associate Agreement, “Information System” shall be limited to that system or systems accessing, storing, or otherwise potentially impacting the privacy or security of Electronic Protected Health Information.
1.6 “Physical Safeguards” shall mean physical measures, policies, and procedures to protect LinkMind electronic Information Systems and related building and equipment, from natural and environmental hazards, and unauthorized intrusion.
1.7. “Protected Health Information” shall mean Protected Health Information, as defined in 45 C.F.R. §, 160.103 and is limited to the Protected Health Information received from, or received or created on behalf of, Covered Entity by Business Associate pursuant to performance of the Services.
1.8 “Security Safeguards” shall mean all of the Administrative, Physical, and Technical Safeguards in an Information System.
1.9 “Technical Safeguards” shall mean the technology and the policy and procedures for its use that protect Electronic Protected Health Information and control access to it.
1.10 “Data Aggregation” shall mean the combining of protected health information from Covered Entity with the protected health information received from other covered entities by Business Associate in its capacity as a business associate of the other covered entities to permit data analyses that relate to the health care operations of the respective covered entities.
1.11 “Health care operations” shall have the same meaning as the term “health care operations” at 45 CFR 164.501 including, without limitation, population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination.
Terms used, but not otherwise defined, in the Business Associate Agreement shall have the same meaning as those terms as set forth in HIPAA and the HIPAA Rules.
2. PERMITTED USES AND DISCLOSURES OF BUSINESS ASSOCIATE
2.1 Services. Business Associate provides services (which may include transaction services, servicing hardware or software products and data analysis) (“Services”) that involve the use and/or disclosure of Protected health Information pursuant to a written Agreement (“Agreement”) with Covered Entity that specify the Services to be provided to Covered Entity. Except as otherwise specified herein, Business Associate may make any and all uses and disclosures of Protected Health Information created or received from or on behalf of Covered Entity necessary to perform its obligations under the Agreement or as may be required by law. Business Associate may perform Data Aggregation for, and related to the Health Care Operations of Covered Entity, including to aggregate Protected Health Information of Covered Entity with Protected Health Information of other covered entities which Business Associate has in its possession through its capacity as a business associate to other covered entities.
2.2 Business Activities of the Business Associate. Business Associate may : (a) consistent with the subject limitations and requirements of the HIPAA Rules, use and disclose the Protected Health Information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of the Business Associate; (b) de-identify PHI and use or disclose information de-identified in accordance with the HIPAA Rules, and (c) use aggregated data of Covered Entity as combined with the aggregated data of other covered entities that Business Associate has in its possession through its capacity as a business associate to other covered entities to generate de-identified analysis, reports, guidelines, best practices and other materials which do not identify Covered Entity in any manner.
2.3 Disclosures Required By Law. If Business Associates believes it a legal obligation to disclose any PHI, it will notify Client as soon as reasonably practical after it learns of such obligation, and in any event at least ten (10) business days prior to the proposed release, as to the legal requirement pursuant to which it believes the Protected Health Information must be released. If Client objects to the release of such Protected Health Information, Business Associate will allow Client to exercise any legal rights or remedies Client might have to object to the release of the Protected Health Information, and Business Associate agrees to provide such assistance to Client, at Client’s expense, as Client may reasonably request in connection therewith.
Should Client fail to respond, Business Associate shall be entitled to disclose the Protected Health Information as it deems reasonably necessary to comply with the Law.
3. DUTIES AND RESPONSIBILITIES OF THE BUSINESS ASSOCIATE
3.1 Responsibilities of the Business Associate with Respect to Protected Health Information. With regard to its use and/or disclosure of Protected Health Information, Business Associate agrees to:
(a) use and/or disclose Protected Health Information only as necessary to provide the Services, as permitted or required by this Business Associate Agreement, or as otherwise Required by Law;
(b) implement and use appropriate safeguards to: (i) prevent use or disclose of Protected Health Information other than as permitted or required by this Business Associate Agreement; and (ii) protect the Electronic Protected Health Information that Business Associate creates, receives, maintains, or transmits on behalf of the Covered Entity as provided in Subpart C of 45 CFR Part 164;
(c) without unreasonable delay, and in any event on or before 72 hours after its discovered by Business Associate, report to Covered Entity: (i) any use or disclosure of Protected Health Information not provided for by this Business Associate Agreement of which it becomes aware, including Breaches of Unsecured Protected Health Information as required at 45 CFR 164.410; and/or (ii) any Security Incident of which Business Associates becomes aware;
(d) without unreasonable delay, and in any event on or before 72 hours after its Discovery by Business Associate, notify Covered Entity of any Breach or any other incident that involved an unauthorized acquisition, access, use or disclosure of Protected Health Information, even if Business Associate believes the incident will not rise to the level of a Breach. The notification shall include, to the extent possible, and shall be supplemented on an ongoing basis with: (i) the identification of all individuals whose Unsecured Protected Health Information was or is believed to have been involved, (ii) all other information reasonably requested by Covered Entity to enable Covered Entity to perform and document a risk assessment with respect to the incident, and (iii) all other information reasonably necessary to provide notice to individuals, HHS and/or the media. Notwithstanding the foregoing, in Covered Entity’s sole discretion and in accordance with its directions, Business Associate shall conduct, or pay the costs of conducting, an investigation of any incident required to be reported under this subsection (d) and shall provide, and/or pay the costs of providing the required notices as set forth in this subsection (d);
(e) mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Business Associate Agreement;
(f) require all of its Subcontractors and agents that create, receive, maintain, or transmit Protected Health Information to agree (or has agreed to) in writing, to the same restrictions and conditions on the use and/or disclosure of Protected Health Information that apply to Business Associate; including but not limited to the extent that Business Associate provides Electronic Protected Health Information to a Subcontractor or agent, it shall require the Subcontractor or agent to implement reasonable and appropriate safeguards to protect the Electronic Protected Health Information consistent with the requirements of this Business Associate Agreement;
(g) make available its internal practices, policies, protocols, books and records related to the use and disclosure of Protected Health Information to the Secretary of HHS for purposes of determining compliance with the HIPAA Rules;.
(h) document, and within thirty (30) days after receiving a written request from Covered Entity, make available to Covered Entity information necessary for Covered Entity to make an accounting of disclosures of Protected Health Information about an Individual or, when as directed by Covered Entity, make that information available directly to an individual, all in accordance with the HIPAA Rules and in accordance with the requirements for accounting for disclosures made through an Electronic Health Record;
(i) provide access to Covered Entity after receiving a written request from Covered Entity, to Protected Health Information in a Designated Record Set about an individual, or when and as directed by Covered Entity, provide that access directly to an individual;
(J) notwithstanding subsection (i) above, in the event that Business Associate in connection with the Services uses or maintains an Electronic Health Record of Protected Health Information of or about an individual, then Business Associate shall provide an electronic copy (at the request of Covered Entity, and in the reasonable time and manner requested by Covered Entity) of the Protected Health Information, to covered Entity or, when as directed by Covered Entity directly to an individual or a third party designated by the individual;
(k) to the extent that the Protected Health Information in Business Associate’s possession constitutes a Designed Record Set, make available, within thirty (30) days after a written request by Covered Entity, Protected Health Information for amendment and incorporate any amendments to the Protected Health Information as directed by Covered Entity;
(l) notify Covered Entity in writing within three (3) days after its receipt directly from an individual for any request for an accounting of disclosures, access to, or amendment of Protected Health Information as contemplated in subsections (j)-(k);
(m) LinkMind agrees to use appropriate safeguards to prevent the use or disclosure of Protected Health Information except as provided by this Business Associate Agreement. LinkMind further agrees to use appropriate Administrative, Physical, and Technical safeguards to protect the confidentiality, integrity and availability of any Electronic Protected Health Information in accordance with the HIPAA Rules;
(n) request, use and/or disclose only the Minimum Necessary Protected Health Information to accomplish the purpose of the request, use or disclosure;
(o) not directly or indirectly receive remuneration in exchange for any Protected Health Information;
(p) not make or cause to be made any communication about a product or service that is prohibited by the HIPAA Rules; and
(q) not make or cause to be made any written fundraising communication that is prohibited by the HIPAA Rules.
3.2 Responsibilities of the Covered Entity with Respect to Protected Health Information.
(a) With regard to the use and/or disclosure of Protected Health Information by the Business Associate, the Covered Entity agrees: (i) to obtain any consent, authorization or permission that may be required by the HIPAA Rules or any other applicable federal, state or local laws and/or regulations prior to furnishing Business Associate the Protected Health Information pertaining to an individual; and (ii) that it will not furnish Business Associate Protected Health Information that is subject to any arrangements permitted or required of the Covered Entity, unless it has provided Business Associate with written notification of any such arrangement, including but not limited to, arrangements agreed to by Covered Entity that may impact in any manner the use and/or disclosure of Protected Health Information by the Business Associate under this Business Associate Agreement and the Agreement.
(b) Covered Entity represents and warrants that its notice of privacy practices permits Covered Entity to use and disclose Protected Health Information in the manner that Business Associate is authorized to use and disclose Protected Health Information under this Business Associate Agreement.
(c) Client shall notify LinkMind of any limitation(s) in Client’s notice of privacy practices in accordance with 45 C.F.R. § 164.520 to the extent that such limitation may affect LinkMind’s use or disclosure of Protected Health Information.
(d) Client shall notify LinkMind of any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information to the extent that such changes may affect LinkMind’s use or disclosure of Protected Health Information.
(e) Client shall not request LinkMind to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy and Security Rules if done by Client.
4. TERM AND TERMINATION
4.1 Term. The Term of this Business Associate Agreement shall commence as of the Effective Date and shall terminate either (a) as provided by Section 4.2 below or (b) when all of the Protected Health Information or Electronic Protected Health Information provided by Client to LinkMind, or created or received by LinkMind on behalf of Client, or otherwise in LinkMind’s possession, is destroyed or returned to Client, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information in accordance with the termination provisions in this Section.
4.2 Termination for Cause. Upon Client’s knowledge of a material breach of this Agreement by LinkMind, Client (i) may provide a reasonable time for LinkMind to cure the breach provided that Client may immediately terminate the Business Associate Agreement that requires the use of Protected Health Information or Electronic Protected Health Information if LinkMind does not cure the breach or end the violation within the time frame specified by Client; (ii) immediately terminate the Agreement that requires the use of Protected Health Information if LinkMind has breached a material term of this Business Associate Agreement and Client determines in its sole reasonable discretion that a cure is not possible; or (iii) if neither termination nor cure is feasible, may report the violation to the Secretary.
4.3 Effect of Termination
4.3.1 Except as provided in paragraph 4.3.2 of this Section, upon termination of this Business Associate Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information and Electronic Protected Health Information received from Client, or created or received by Business Associate on behalf of Client, or otherwise in Business Associate’s possession. Business Associate shall retain no copies of the Protected Health Information or Electronic Protected Health Information in any form.
4.3.2 In the event that LinkMind determines that returning or destroying the Protected Health Information or Electronic Protected Health Information is infeasible, LinkMind agrees to extend the protections of this Business Associate Agreement to such Protected Health Information and limit any further uses and disclosures of such Protected Health Information to only those purposes that make the return or destruction infeasible.
5.1 Regulatory References. A reference in this Business Associate Agreement to a section in the HIPAA Rules means the section as in effect or as amended, and for which compliance is required.
5.2 Amendment. This Business Associate Agreement may only be modified, or any rights under it waived, by a written agreement executed by both parties. The parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time as is necessary for the parties to comply with the requirements of HIPAA and any current or future regulations promulgated thereunder.
5.3 Interpretation. Any ambiguity in this Business Associate Agreement shall be resolved in favor of a meaning that permits the parties to comply with the HIPAA Rules and any current or future regulations promulgated thereunder.
5.4 Waiver. Any failure of a party to exercise or enforce any of its rights under this Business Associate Agreement will not act as a waiver of such rights.
5.5 Binding Effect. The Business Associate Agreement shall be binding upon, and shall inure to the benefit of, the parties and their respective successors and permitted assigns.
5.6 No Third Party Beneficiaries. Nothing expressed or implied in this Business Associate Agreement is intended or shall be deemed to confer upon any person other than Client and LinkMind, and their respective successors and assigns, any rights, obligations, remedies or liabilities.
5.7 Severability. If any provision of this Business Associate Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable under present or future laws effective during the term of this Business Associate Agreement, the legality, validity and enforceability of the remaining provisions shall not be affected thereby.
5.8 Counterparts. This Business Associate Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute on and the same instrument.
5.9 No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor anything herein shall confer, upon any person other than the parties hereto any rights, remedies, obligations, or liabilities whatsoever.
5.10 Notices. Any notices to be given hereunder shall be made via email to email@example.com