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and standards of conduct, designation of a compliance officer, quality <br />assurance policy and effective training and education programs. <br />(2) In accordance with the HHS Office of Inspector General ("OIG") <br />Compliance Program Guidance for Third-Party Medical Billing Companies, <br />EMS~MC is obligated to report misconduct to the government, if the billing <br />company discovers credible evidence of the provider's continued <br />misconduct or flagrant, fraudulent or abusive conduct. In the event of such <br />evidence, EMS~MC has the right to refrain from (a) submitting any false or <br />inappropriate claims, (b) terminate the contract and/or (c) report the <br />misconduct to the appropriate authorities. <br />7. PRIVACY. <br />a. CONFIDENTIALITY-All data and information furnished to EMS~MC by <br />Client shall be regarded as confidential, shall remain the sole property of Client <br />and shall be held in confidence and safekeeping by EMS~MC for the sole use of <br />the parties and EMS~MC under the terms of this Agreement. EMS~MC agrees <br />that except as provided otherwise herein, its officers, employees and agents will <br />not disclose to any person, firm or entity other than Client or Client's designated <br />legal counsel, accountants or practice management consultants any information <br />about Client, its practice or billing, or any of the patients of Client unless required <br />to do so by Federal, State or local law enforcement authorities within jurisdiction <br />and/or acting under the law and/or under court orders. The Client and EMS/MC <br />will enter into a Business Associate Agreement as provided by Public Law 104- <br />191 of August 21, 1996, known as the Health Insurance Portability and <br />Accountability Act of 1996, Subtitle F -Administrative Simplification, Sections 261, <br />et seq., as amended ("HIPAA"), which is hereby incorporated into this Agreement <br />and attached as Exhibit A. <br />8. GENERAL. <br />a. STATUS OF THE PARTIES -Nothing contained in this Agreement shall be <br />construed as establishing a partnership or joint venture relationship between <br />EMS~MC and Client. EMS~MC and its employees and representatives shall be <br />independent contractors, solely responsible for its performance under this <br />agreement. <br />10 <br />