| HIE Program: Legal Agreement Templates:
Because health information exchanges is premised on the sharing of patient and provider information, there are key legal challenges involved in any HIE initiative. Below you will find examples of key legal documents that are frequently used. These are samples only and are not meant or intended as legal advice by CalRHIO.
- Business Associate Agreement
Download (52 KB, word)
HIPAA regulations further require a covered entity – health plans, health care clearinghouses, and certain health care providers- to have a “business associate agreement” with any organization whose activity involves the use or disclosure of the covered entity’s protected medical information. The responsibility for obtaining the “business associate agreement” and having it on file is placed on the health care facility.
- Data Sharing Agreement
Download (74 KB, pdf)
Such an agreement usually indicates the criteria for data access, whether or not there are any conditions for research use, and can incorporate privacy and confidentiality standards to ensure data security at the recipient site and prohibit manipulation of data for the purposes of identifying subjects.
- Participation Agreement
Download (119 KB, pdf)
An agreement that specifies the terms of the relationship and the roles, rights and responsibility of each party specific to the HIE initiative. Signing of this agreement means that each participant will adhere to the policies and procedures of the HIE.
- Memorandum of Understanding Template
Download (31 KB, word)
An MOU is a written agreement that clarifies relationships and responsibilities between two or more organizations that share services, clients, and resources.
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