Since the HIPAA omnibus rule requires better identification, documentation, and management between doctors` offices and providers, new formalities may come into play. Here is a sample confidentiality agreement developed by attorney Amy Fehn of HealthLawOffices.com to inform your suppliers and demonstrate to the federal government your good faith efforts to achieve HIPAA compliance. HIPAA`S (EMPLOYEE) NON-DISCLOSURE AGREEMENT (NDA) is for healthcare professionals. The Health Insurance Program (PPTEA) (Public Law 104-191) establishes rules applicable to medical personnel, hospitals, insurance companies and other health care providers who transmit health information electronically. “Health Information” means patient records, billing documents and financial documents or individually identifiable health information. HIPAA-regulated employers should enforce a HIPAA NDA to ensure that the worker is aware of restrictions on patient data and to document the employer`s diligence. Similarly, no agreement is needed with suppliers such as pharmaceutical agents who come in practice, are accompanied to a place to meet someone and are monitored during their visit. However, if the representative presents sample cabinets independently of each other and these cabinets are located in areas where patient information can be accessed, it would be desirable to enter into a supplier confidentiality agreement. Take a moment to evaluate your suppliers to determine if there are any with whom you should have a supplier trust agreement. If you are a HIPAA compliance subscriber, you have Form 7.12, Vendor Confidentiality Agreement. (a) relationships. Nothing in this Agreement shall be considered a partner, joint venture or employee of the other Party for any purpose.
(b) Salvatorial clause. Where a court finds that any provision of this Agreement is invalid or unenforceable, the remainder of that Agreement shall be interpreted in such a way that the intention of the parties is most effective. and (c) integration. This Agreement expresses the full understanding of the Parties with respect to the matter and supersedes all prior proposals, agreements, assurances and understandings. This Agreement may only be amended in a letter signed by both Parties. (d) Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of prior or subsequent rights. (e) right to omission. Any misappropriation of confidential information contrary to this Agreement may cause irreparable harm to the Supplier, the amount of which may be difficult to determine, and the Employee therefore agrees that the Supplier has the right to apply to a competent court to issue an injunction ordering such further malfeasance and for other facilities, which the Supplier deems appropriate.