HIPAA-Critical Provisions

Essential clauses for healthcare software handling protected health information

Business Associate Agreement (BAA)

HIPAA Mandatory

Covered entities must have a BAA with vendors handling PHI. Your ToS should reference or incorporate BAA terms covering permitted uses, safeguards, and breach notification.

PHI Safeguards & Security

Technical Safeguards

Describe administrative, physical, and technical safeguards for PHI. Include encryption standards, access controls, audit logging, and workforce training requirements.

Breach Notification

60-Day Requirement

HIPAA requires notification of affected individuals within 60 days of a breach. Define breach procedures, notification timelines, and responsibilities between parties.

Permitted Uses & Disclosures

Minimum Necessary

Specify permitted uses of PHI (treatment, payment, operations). Apply minimum necessary standard. Address subcontractor requirements and prohibition on unauthorized uses.

Data Retention & Destruction

6-Year Minimum

HIPAA requires retaining records for 6 years. Define retention periods, secure destruction methods, and return/destruction of PHI upon termination.

Patient Authorization & Consent

Individual Rights

Address patient rights to access, amend, and receive accounting of disclosures. Define authorization requirements for uses beyond treatment, payment, and operations.

Standard Legal Provisions

Essential clauses required in all Terms of Service

Agreement to Terms
Limitation of Liability
Indemnification
Service Level Agreement
Data Portability
Governing Law
Not Medical Advice
Termination Rights

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