By accessing Protected Health Information (“PHI”) through Centre for Neuro Skills’ (CNS) Patient Portal application, you understand and agree that you will implement and/or maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of all PHI you receive or possess from CNS.
You further agree that you will protect all PHI against reasonably anticipated threats or hazards to the security or integrity of the information and unauthorized uses or disclosures of the information.
You further agree that you will not use or further disclose any PHI other than as permitted or required law, and that you will not use any information acquired through the Patient Portal for any illegal or improper purpose.
You agree that you will not use, reproduce, disclose, or provide to third parties any confidential documents or PHI without the prior written consent or authorization of CNS. You shall also ensure that the person(s) to whom you disclose any such information notifies CNS of any instances of breach of confidentiality that such person is aware of.
You shall ensure that your personnel, employees, affiliates, and agents maintain the confidentiality of patient health information and business information of the Customer. You shall also ensure that any subcontractors or agents to whom you provide PHI (as allowed under applicable law) received through CNS’ Patient Portal agree to the same restrictions and conditions that apply to you with respect to such information.
You shall report to Customer any use or disclosure of such information not provided for by these Terms of Service of which you becomes aware. You shall promptly notify CNS in the event of a breach of unsecured PHI, will provide CNS with full details of any such breach and will provide any required notifications to affected individuals.
You shall maintain standard records and provide such records and other necessary information to the CNS as may be requested or required in writing and as permitted by law. You agree that all records kept are subject to review and audit by CNS upon reasonable notice and written request by CNS.
You agree to make your internal practices, books, and records relating to the use and disclosure of PHI received from CNS available to the Secretary of DHHS for purposes of determining CNS’ compliance with applicable law (in all events, you shall immediately notify CNS upon receipt by you of any such request and shall provide CNS copies of any such materials).
You agree to indemnify and hold harmless CNS, its Board of Directors, officers, agents, employees, and personnel (“Indemnified Party”) from and against any and all claims, demands, suits, losses, causes of action, or liability that CNS may sustain as a result of the your breach of your duties or your errors or omissions, or vicarious liability of CNS for any of your actions or conduct adjudged to constitute fraud, misrepresentation, or violation of any law, including violation of any statute or regulation applicable to your conduct. This indemnification shall include reasonable expenses, including attorney’s fees incurred by defending such claims and damages incurred by reason of your failure to comply with applicable laws, ordinances, and regulations or for damages caused by you.
You agree that these Terms of Service may be amended from time to time by CNS if necessary and to the extent required by the provisions of 42 U.S.C. 1171 et seq. enacted by the HIPAA and regulations promulgated thereunder in order to assure that this Agreement is consistent therewith.