By submitting electronic case reports directly or indirectly to the Association of Public Health Laboratories, Inc. (“APHL”), you (“you”) and on behalf of the healthcare provider licensing the software submitting reports (collectively “Participant”) are agreeing to the terms and conditions set forth in this Electronic Case Reporting Participation Terms and Conditions (the “T&Cs”). As used in these T&Cs, APHL and Participant are sometimes referred to herein as a “Party” and collectively as the “Parties.”
Definitions. For the purposes of these T&Cs, the following capitalized terms shall have the meaning ascribed to them below. All definitions contained in the Business Associate Addendum are incorporated herein by this reference. In addition, other capitalized terms defined within these T&Cs shall have the meanings assigned to such terms throughout these T&Cs.
Applicable Law means all applicable statutes and regulations of the State(s) or jurisdiction(s) in which a Party operates, as well as all applicable Federal statutes, regulations, standards and policy requirements.
AIMS Platform means the APHL Informatics Messaging Services Platform, a secure cloud-based environment which aids in the transport, validation and routing of electronic health and laboratory data that hosts the RCKMS.
APHL Services means receipt of eICRs from Participant using the RCKMS and the AIMS Platform, and the submission of eICRs to the applicable Public Health Authorities on behalf of Participant if Participant has elected to have APHL make such submissions.
Business Associate has the meaning set forth at 45 C.F.R. § 160.103 of the HIPAA Regulations.
Business Associate Addendum means the business associate agreement as defined at 45 C.F.R. § 160.103 of the HIPAA Regulations for the protection of PHI in the form attached here to as Attachment 2.
Confidential Information means proprietary or confidential materials or information of a Discloser in any medium or format. Confidential Information includes, but is not limited to: (a) the Discloser’s designs, drawings, procedures, trade secrets, processes, specifications, source code, system architecture, security measures, research and development, including, but not limited to, research protocols and findings, passwords and identifiers, new products, and marketing plans; (b) proprietary financial and business information of a Discloser; and (c) information or reports provided by a Discloser to a Receiving Party pursuant to these T&Cs. Notwithstanding any label to the contrary, Confidential Information does not include: (i) eICRs; (ii) any information which is or becomes known publicly through no fault of a Receiving Party; (iii) any information which is learned of by a Receiving Party from a third party entitled to disclose it; (iv) any information which is already known to a Receiving Party before receipt from a Discloser as documented by Receiving Party’s written records; or (v) any information which is independently developed by Receiving Party without reference to, reliance on, or use of, Discloser’s Confidential Information. eICRs are excluded from the definition of Confidential Information because other provisions of these T&Cs and the Business Associate Addendum address the appropriate protections for eICRs.
CSTE means the Council of State and Territorial Epidemiologists.
Days shall mean calendar days unless otherwise specified.
Discloser means a Party that discloses Confidential Information to a Receiving Party.
Effective Date means the date specified in Section 19.11 of these T&Cs.
Electronic Initial Case Report or eICR means an electronic case report of an infectious, communicable, or other disease or condition that matches a RCTC. An eICR includes, but is not limited to, Protected Health Information, and individually identifiable information, and is Transmitted to the RCKMS in order to determine Participant’s public health reporting requirements with respect to the eICR.
EHR means a company or other organization that will support Participant by providing them with an electronic health records system that creates an eICR that matches an infectious, communicable, or other disease or condition to an RCTC.
Federal Programs means contracts, subcontracts, grants, and non-procurement transactions issued by or developed under the auspices of one or more agencies of the Federal government.
Healthcare Provider has the meaning set forth at 45 C.F.R. § 160.103 of the HIPAA Regulations.
HIPAA Regulations means the Standards for Privacy of Individually Identifiable Health Information and the Security Standards for the Protection of Electronic Protected Health Information (45 C.F.R. Parts 160 and 164) promulgated by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as in effect on the Effective Date of these T&Cs and as may be amended, modified, or renumbered.
Notice or Notification means a written communication, unless otherwise specified in this Agreement, sent to the appropriate Party’s representative at the address listed in Attachment 1.
Permitted Purpose means public health reporting to a Public Health Authority as permitted by 45 C.F.R. § 164.512(b), and such other purposes as may be approved in an amendment to these T&Cs, so long as such purpose is permitted by Applicable Law.
Protected Health Information or PHI has the meaning set forth at 45 C.F.R. § 160.103 of the HIPAA Regulations.
Public Health Authority has the meaning set forth at 45 C.F.R. § 164.501 of the HIPAA Regulations.
Receiving Party means a Party that receives Confidential Information from a Discloser.
Reportability Response means the determination that an eICR is reportable to a public health authority, as determined by the RCKMS, and communicated by APHL to the Participant.
Reportable Condition Knowledge Management System or RCKMS means the system developed and maintained on behalf of CSTE, which resides on a portion of the AIMS Platform, and evaluates eICRs by matching Reportable Condition Trigger Codes against the reporting criteria of Public Health Authorities in jurisdictions in which infectious, communicable, or other diseases or conditions are reportable and determines on behalf of Participant whether an instance of infectious, communicable, or other disease or condition is reportable to a Public Health Authority.
Reportable Condition Trigger Codes or RCTC means the national set of codes to be implemented by participating EHRs in their electronic health record systems, which encompasses infectious, communicable, or other diseases or conditions that are reportable in any state or jurisdiction in the United States.
Specifications means the specifications adopted by APHL to prescribe the data content, technical, and security requirements to enable the Participant to Transmit eICRs to the RCKMS, and any implementation guidance, migration plans and other technical materials and resources adopted by APHL in accordance with Section 7.2 of these T&Cs.
System means software, portal, platform, or other electronic medium controlled by Participant or APHL through which Participant and APHL will Transmit eICRs under these T&Cs.
Technology Resources means software, utilities, automated tools and digital content that may be made available to Participant for use in connection with the transmission of eICRs pursuant to these T&Cs. Initially, the only Technology Resources to be provided to Participant are the RCTCs.
Transmit (including variants of Transmit) means the automated electronic transmission of eICRs in accordance with the Specifications.
APHL | Primary Contact | Alternate Contact |
---|---|---|
Name | Scott J. Becker | Troy Willitt |
Title | Executive Director | General Counsel |
Organization | Association of Public Health Laboratories (APHL) | Association of Public Health Laboratories (APHL) |
Address | 8515 Georgia Avenue, Suite 700 | 8515 Georgia Avenue, Suite 700 |
City, State, Zip | Silver Spring, MD 20910 | Silver Spring, MD 20910 |
Phone | 240.485.2745 | 240.485.2716 |
Fax | 240.485.2700 | 240.485.2700 |
scott.becker@aphl.org | legal@aphl.org |
Business Associate Addendum (this “Addendum”)
BACKGROUND
ADDENDUM TERMS AND CONDITIONS
Definitions. All capitalized terms used but not otherwise defined in this Addendum shall have the same meaning as in HIPAA.
APHL Services shall have the meaning set forth in the Addendum.
Electronic Initial Case Report or eICR shall have the meaning set forth in the T&Cs.
Individual shall have the same meaning as the term “individual” in 45 C.F.R. § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).
Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 164 Subpart E.
Protected Health Information shall have the same meaning as the term “protected health information” in 45 C.F.R. § 160.103 that is received, created, maintained, or transmitted by APHL on behalf of Participant.
RCKMS shall have the meaning set forth in the T&Cs.
Security Rule shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R. Part 164 Subpart C.