Laserfiche WebLink
(a) Data-Creating and Data-Hosting Equipment. With respect to computers <br /> and other data-creating and data-hosting equipment, Paladina shall be responsible for selecting, <br /> obtaining, maintaining, and replacing all computers (hardware and software), printers, scanners, <br /> facsimile machines, cellular phones, and other such equipment (hereinafter "Technology") <br /> necessary for Paladina to provide Paladina Services at the Paladina Clinic. The initial cost of <br /> Technology shall be a Start-Up Cost. The cost of replacing Technology shall be included in the <br /> monthly fee described in Article V. <br /> 3.6 Medical Records. Paladina shall cause Paladina Physicians and Providers to <br /> maintain medical records in accordance with professional standards and applicable state and <br /> federal laws, including the HIPAA Privacy and Security Rule. Paladina shall have ownership and <br /> control of such medical records and under no circumstances shall Client have access to any medical <br /> record without the direct written authorization of the subject of such record. At all times,the use <br /> or disclosure of protected health information shall be subject to all applicable statutes and <br /> regulations relating to the privacy and security of confidentiality of patient records, including <br /> HIPAA and applicable state laws. Paladina and Client agree to the BAA attached as Exhibit D <br /> for purposes of providing information to Client and other related plan vendors for purposes of the <br /> plan's payment and operations, as permitted by HIPAA. <br /> 3.7 Billing for Services. Paladina shall have the exclusive responsibility for the billing <br /> and collection of all appropriate charges,if any,to Members for Paladina Services. Paladina shall <br /> collect all such charges in the form of credit or debit payments prior to providing the applicable <br /> service. No cash payments will be accepted at the Paladina Clinic. <br /> 3.8 Confidentiality. Paladina shall not disclose any privileged or Confidential <br /> Information which it either obtains or learns as a result of this Agreement. Without limiting the <br /> generality of the foregoing, Paladina, as well as its principals, officer, employees, contractors, <br /> agents or assigns, shall maintain the confidentiality of any information defined as "Confidential <br /> Information" as well as any medical records, business or financial records, or matters of business <br /> practice of the other to which either shall have access or knowledge. This Section 3.8 shall survive <br /> the termination of this Agreement. <br /> 3.9 Signage and Branding. Paladina shall design the signage displayed at each Paladina <br /> Clinic and arrange in collaboration with for the production of such signs,and shall obtain approval <br /> of Client for the same. Paladina shall invoice Client for the costs of designing and producing the <br /> signage.Unless otherwise mutually agreed by the Parties,signage and all other branding requested, <br /> developed, or approved by either Party shall refer to the Paladina Clinic as the "Commodore <br /> Decatur Health& Wellness Center powered by Everside Health." <br /> 3.10 Maintenance and Repair of Facility Services and Utilities. Paladina shall arrange <br /> for certain Routine Operational Maintenance Services (defined in Exhibit G) to be provided at <br /> Client's expense through independent or third-party vendors. Paladina shall coordinate with these <br /> vendors as necessary to permit the services to be available at each Paladina Clinic. In the event <br /> that any non-routine maintenance or repair related to these services or any utility services at each <br /> Paladina Clinic becomes necessary, Paladina shall contact the Client or the Client's facility <br /> manager to arrange for such maintenance or repair and submit an invoice to Client for the <br /> expense(s) incurred. <br /> 6 <br />