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HIPAA BUSINESS ASSOCIATE PRIVACY/SECURITY POLICY
Last Updated: June 1, 2012

PLEASE READ THIS PRIVACY POLICY CAREFULLY. By agreeing to receive messaging services from Dental ATM, you agree to be bound contractually by this Privacy Policy.

1. Who We Are. Automated Treatment Messaging, LLC is a Utah limited liability company that does business under the name Dental ATM. All references to "we" or "us" in this Privacy Policy shall be construed to mean Automated Treatment Messaging, LLC dba Dental ATM.

2. What We Do. We provide to our dental practice clients automated patient appointment and treatment messaging services. Our clients are primarily dental health care providers, who are considered to be "Covered Entities" under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended, including without limitation amendments by the Health Information Technology for Economic and Clinical Health (HITECH) Act (collectively referred to herein as "HIPAA"). In the process of providing our services, we may access, receive, process, maintain, archive, and/or transmit information defined by HIPAA as Protected Heath Information (PHI) and/or Electronic Protected Health Information (ePHI) from our Covered Entity clients (PHI and ePHI are collectively referred to herein as "PHI").

3. Protected Health Information. Protected Health Information ("PHI") includes all "individually identifiable health information" that is transmitted or maintained in any form or medium by a Covered Entity. Individually identifiable health information is any information that can be used to identify an individual and that was created, used, or disclosed (a) in the course of providing a health care service such as diagnosis or treatment, or (b) in relation to the payment for the provision of health care services.

4. Business Associate Agreement. Our services are provided to our Covered Entity clients pursuant to the terms of a Business Associate Agreement, which is a formal written contract between us and a Covered Entity that obligates us to satisfy certain specific obligations regarding PHI of a Covered Entity that we may access, receive, process, maintain, archive, and/or transmit in connection with our services.

5. Purpose. This Privacy Policy provides information regarding how we use, disclose, and protect PHI in accordance with HIPAA and in accordance with our Business Associate Agreements with our Covered Entity clients.

6. Use and Disclosure of PHI.

6.1 We may use or disclose PHI on behalf of, or to provide services to, Covered Entities for purposes of performing our obligations under our services agreements to Covered Entities, provided that such use or disclosure is permitted or required by the applicable Business Associate Agreement and would not violate HIPAA, including its Privacy Rule or Security Rule as applicable to Business Associates.

6.2 We may use PHI internally for our own internal management, administration, data aggregation and legal obligations, but only to the extent such use of PHI is permitted or required by the applicable Business Associate Agreement and would not violate HIPAA, including its Privacy Rule or Security Rule as applicable to Business Associates.

6.3 We may disclose PHI for law enforcement purposes as required by law or in response to a valid subpoena.

6.4 We may disclose PHI to downstream subcontractors or agents that provide supporting services to us; however, we will require such subcontractors and agents to comply with the same terms and conditions that apply to us under the applicable Business Associate Agreement and PHI, including the implementation and maintenance of required safeguards.

7. Safeguards We have established and maintain safeguards that are required by the applicable Business Associate Agreement and HIPAA, including its Privacy Rule and Security Rule as applicable to Business Associates. These safeguards include administrative, physical, and technical safeguards that are reasonable and appropriate for the protection of the PHI that we access, receive, process, maintain, archive, and/or transmit on behalf of our Covered Entity clients.

8. Mitigation of Harm. In the event of a use or disclosure of PHI that is in violation of the requirements of the Business Associate Agreement, we will mitigate, to the extent practicable, any harmful effect resulting from the violation. Such mitigation may include:

  • Reporting to the Covered Entity any use or disclosure of PHI not provided for by the Business Associate Agreement and any security incident of which we become aware; and
  • Documenting such disclosures of PHI and information related to such disclosures as would be required for the Covered Entity to respond to a request for an accounting of disclosure of PHI in accordance with HIPAA.

9. Access to PHI. We will make available to each Covered Entity with whom we have a Business Associate Agreement information necessary for the Covered Entity to give individuals their rights of access, amendment, and accounting in accordance with HIPAA regulations. Upon request, Dental ATM will make its internal practices, books, and records, including policies and procedures, relating to the use and disclosure of PHI received from, or created or received by Dental ATM on behalf of a Covered Entity available to the Covered Entity or the Secretary of the U.S. Department of Health and Human Services for the purpose of determining compliance with the terms of the Business Associate Agreement and HIPAA regulations.

10. Contact Us. If you have any questions regarding this Privacy Policy, please contact us at:

Automated Treatment Messaging, LLC
dba Dental ATM
Attn: Compliance Officer
1443 West 800 North, Suite 301
Orem, Utah 84057
Telephone: (801) 225-1414

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