What is the Healthsource Chiropractic Business Associate's obligation regarding compliance with HIPAA regulations?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Business Associate. "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean HealthSource Chiropractic, LLC.
- (b) Covered Entity. "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the undersigned franchisee.
Statement of Agreement
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- HIPAA Compliance and Agents: Business Associate hereby agrees to fully comply with the "Business Associate" requirements under HIPAA, throughout the term of this Agreement. Further, Business Associate agrees that to the extent it has access to PHI, Business Associate will fully comply with the requirements of HIPAA and this Agreement with respect to such PHI; and, further, that every agent, employee, subsidiary, subcontractor, vendor and affiliate of Business Associate to who it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity, will be required to fully comply with HIPAA, and will be bound by written agreement to the same restrictions and terms and conditions as set forth in the Agreement. To the extent Business Associate is to carry out one or more of Covered Entity's obligations under the Security and Privacy provisions of HIPAA, Business Associate will comply with such requirements that apply to Covered Entity in the performance of such obligation(s).
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- Use and Disclosure Rights: Business Associate agrees that it shall not use or disclose PHI except as permitted under this Agreement or as required by law. Business Associate acknowledges that this Agreement does not in any manner grant Business Associate any greater rights than Covered Entity enjoys, nor shall it be deemed to permit or authorize Business Associate to use or further
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic FDD, Healthsource Chiropractic, LLC, as the Business Associate, agrees to fully comply with the requirements under HIPAA throughout the term of the agreement. This obligation extends to any Protected Health Information (PHI) that Healthsource Chiropractic has access to, ensuring compliance with HIPAA and the agreement's terms.
Healthsource Chiropractic must ensure that every agent, employee, subsidiary, subcontractor, vendor, and affiliate who receives PHI from them also fully complies with HIPAA. These parties must be bound by a written agreement that includes the same restrictions, terms, and conditions as the original agreement. If Healthsource Chiropractic carries out any of the franchisee's obligations under the Security and Privacy provisions of HIPAA, they must comply with the requirements that apply to the franchisee in performing those obligations.
Furthermore, Healthsource Chiropractic is prohibited from using or disclosing PHI except as permitted under the agreement or as required by law. The agreement does not grant Healthsource Chiropractic any greater rights than the franchisee (Covered Entity) enjoys, nor does it authorize them to use or further disclose PHI in any manner not permitted by the agreement. As a franchisee, you acknowledge and agree to use the HIPAA forms and other items supplied by HSC as it pertains to marketing to patients, including, without limitation, patient authorization forms, the Electronic Sign-In Procedures, the HSWorx Electronic Opt In methods and HIPAA's Business Associate Agreement between HSC and your franchise. You also agree to comply with all requirements and specifications relating to HIPAA and that you must obtain patient authorization or consent before the patient will be subject to marketing by you, HS Worx or any other entity.