Business Associate Agreement

Subscription Agreement

The TherapyCharts Subscription Agreement located at http://therapycharts.com/legal/ provides for HIPAA. It recognizes that our relationship with our customers could be one of a Business Associate if that customer is a Covered Entity. This agreement is sufficient for most customers.

Supplemental BAA provided by TherapyCharts

If a customer requires a supplemental BAA document then TherapyCharts will provide that on our standard form. Please send a feedback message through the system making a request for the "supplemental BAA".

Supplemental BAA provided by Customer

TherapyCharts does NOT usually sign customer supplied BAA. TherapyCharts prioritizes security and privacy and that requires our operations, policies, and procedures to be consistent throughout our organization without respect to which customers data is being processed.

Review Requests

However, if your organization (or situation) is extraordinarily unique, then you may still request our legal team to perform a review of your document.

NOTE: A $550 legal review fee assessed against your billing plan for this review. This fee does not guarantee the legal team nor operations teams will approve the document submitted.

Please review the information below carefully:

• In the 10+ year history of the company and across thousands of customers only two organizations have been approved for a Supplemental BAA provided by the customer.
• If the customer's organization is less than 25 clinical users, then your organization is unlikely to be approved for a customer supplied BAA.

IF a customer wishes to submit their own BAA for our legal team to review THEN please send a feedback message requesting a "Customer Supplied BAA Legal Review".

The following overall steps will occur:

• You will be emailed the TherapyCharts Supplemental BAA for your legal team to review;
• After review you may submit a proposed agreement and present the reason you believe you qualify to be special and do something different then everyone else;
• A $550 legal review fee assessed against your billing plan (this fee does not imply the legal team will approve the document submitted);
• The legal team will review the submitted document to determine how the provisions differ from those on our document. This usually takes 30 days to do an initial review a document.

IF the document submitted contains either:

(a) any terms or obligations differing from those found on the TherapyCharts document; or

(b) materially differs from the sample documents found online at https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html, including but not limited to indemnification, changes in notification times, specificity, or definitions;

THEN the submitted document will likely be rejected.

It is also possible that the legal team will request a meeting with your attorney to further understand the differences and the reason your organization believes it should be treated differently. It is highly recommended that your attorney be prepared to discuss your organizations risk management, policies and procedures, cyber security, and operations; and why they require a change from our standard document.

In the end, usually within 3 months, the legal team, at its sole subjective discretion, will have the submitted document either:

• rejected;
• approved with modifications based on the discussion with your attorney; or
• approved with an additional significant periodic "Special BAA fee" billed to your account on a periodic basis for the duration of the account.

They will communicate this to you via an email.