Business Associate Agreement
Business Associate Agreement
Section titled “Business Associate Agreement”THIS BUSINESS ASSOCIATE AGREEMENT (“Agreement”) by and among the healthcare provider or organization (“Covered Entity”) and Aether Health Solutions Inc. (“Business Associate”) is effective on the date that Covered Entity accesses or subscribes for Business Associate’s Services (“Effective Date”).
1. Definitions
Section titled “1. Definitions”Any and all terms used but not defined herein shall have the definitions set forth in the HIPAA Rules, except that Protected Health Information or “PHI” as used in this Agreement means individually identifiable health information that Business Associate creates, receives, maintains or transmits on behalf of Covered Entity.
2. Business Associate Responsibilities
Section titled “2. Business Associate Responsibilities”2.1 Permitted Uses and Disclosures
Section titled “2.1 Permitted Uses and Disclosures”Business Associate agrees not to use or further disclose PHI other than as permitted or required by this Agreement or as required by law. Business Associate agrees to make uses and disclosures and requests for PHI consistent with Covered Entity’s minimum necessary policies and procedures.
2.2 Data Aggregation and De-identification
Section titled “2.2 Data Aggregation and De-identification”Covered Entity expressly authorizes Business Associate to:
(a) Aggregate PHI received from Covered Entity with PHI received from other covered entities for the purpose of data aggregation services as permitted under 45 CFR § 164.504(e)(2)(i)(B). Such aggregated data may be used to provide comparative analytics, benchmarking, quality improvement insights, and population health management services.
(b) De-identify PHI in accordance with HIPAA standards (45 CFR § 164.514). Once properly de-identified, such information may be used for:
- Research and development of healthcare analytics and artificial intelligence
- Product improvement and feature development
- Publication of aggregated, de-identified research findings
- Development of clinical decision support tools and algorithms
(c) Business Associate shall maintain documentation of the de-identification process and methodology.
(d) Business Associate shall not attempt to re-identify any de-identified data.
2.3 Appropriate Safeguards
Section titled “2.3 Appropriate Safeguards”Business Associate agrees to use appropriate administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of PHI.
2.4 Breach Notification
Section titled “2.4 Breach Notification”Business Associate agrees to report to Covered Entity within 14 calendar days any use or disclosure of PHI inconsistent with this Agreement, including Breaches of Unsecured PHI.
2.5 Subcontractors
Section titled “2.5 Subcontractors”Business Associate agrees to ensure any subcontractors who handle PHI agree to the same restrictions and conditions.
2.6 Individual Rights
Section titled “2.6 Individual Rights”Business Associate agrees to support individuals’ rights to access, amend, and receive an accounting of disclosures of their PHI.
2.7 Compliance with HITECH
Section titled “2.7 Compliance with HITECH”Business Associate shall comply with the HITECH Act, including requirements regarding minimum necessary disclosure, prohibition of PHI sale without authorization, and security rule compliance.
3. Covered Entity Obligations
Section titled “3. Covered Entity Obligations”3.1 Notice of Limitations
Section titled “3.1 Notice of Limitations”Covered Entity shall notify Business Associate of any limitations in its Notice of Privacy Practices that may affect Business Associate’s use of PHI.
3.2 Permission Changes
Section titled “3.2 Permission Changes”Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by individuals to use their PHI.
3.3 Permissible Requests
Section titled “3.3 Permissible Requests”Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule.
4. Term and Termination
Section titled “4. Term and Termination”4.1 Term
Section titled “4.1 Term”This Agreement is effective as of the Effective Date and terminates when the service engagement terminates.
4.2 Termination for Breach
Section titled “4.2 Termination for Breach”Either party may terminate this Agreement upon knowledge of a material breach by the other party.
4.3 Effect of Termination
Section titled “4.3 Effect of Termination”Upon termination, Business Associate shall return or destroy all PHI, except where return or destruction is not feasible.
5. Miscellaneous
Section titled “5. Miscellaneous”5.1 Indemnification
Section titled “5.1 Indemnification”Business Associate agrees to indemnify Covered Entity for costs arising from Business Associate’s failure to comply with this Agreement or HIPAA Rules.
5.2 Amendment
Section titled “5.2 Amendment”This Agreement may be amended only by mutual written agreement.
5.3 Severability
Section titled “5.3 Severability”If any provision is found invalid, the remainder of this Agreement remains in effect.
Contact Information
Section titled “Contact Information”For questions about this Business Associate Agreement, contact:
Aether Health Solutions Inc. Email: support@aether.inc
Last updated: January 2026