HIPAA § 164.502(e) & § 164.504(e) STANDARD

Business Associate Agreement (BAA)

Pursuant to 45 C.F.R. § 164.502(e) and § 164.504(e) · Effective 2026

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Standard Commercial BAA Execution

This Agreement automatically binds and applies to all healthcare practices, clinics, hospitals, and covered entities utilizing the MedCare platform upon subscription.

1. Definitions

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Rules (45 CFR Parts 160 and 164). “Business Associate” shall mean ASHADON HEALTHCARE SYSTEMS (operating the MedCare platform). “Covered Entity” shall mean the customer healthcare organization utilizing MedCare.

2. Obligations & Activities of Business Associate

MedCare agrees to:

  • Not use or further disclose Protected Health Information (PHI) or practitioner credentialing records other than as permitted or required by this Agreement or as required by law.
  • Implement appropriate technical, physical, and administrative safeguards that reasonably protect the confidentiality, integrity, and availability of Electronic Protected Health Information (ePHI) that it creates, receives, maintains, or transmits.
  • Ensure all data in transit is encrypted using modern TLS (1.3/1.2) cryptographic protocols and all data at rest is encrypted with AES-256 standards.
  • Report to Covered Entity any Security Incident or Breach of Unsecured PHI of which it becomes aware within twenty-four (24) hours of discovery.
  • Ensure that any subcontractors that create, receive, maintain, or transmit ePHI on behalf of Business Associate agree to the same restrictions and conditions.

3. Permitted Uses and Disclosures by Business Associate

Business Associate may only use or disclose PHI for the purpose of performing the autonomous credentialing services, Primary Source Verification (PSV) lookups, state medical board synchronizations, and renewal tracking specified in the Commercial Terms of Service.

4. Term & Termination

This Agreement shall be effective as of the date Customer accesses the MedCare platform and shall terminate when all PHI provided by Covered Entity is destroyed or returned in accordance with 45 CFR § 164.504(e)(2)(ii)(J).

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