This Business Associate Agreement (“BAA”) is required for any Customer operating in healthcare or handling Protected Health Information (“PHI”) as defined under HIPAA.
Important Prerequisite
Before executing this BAA you must configure Prime Signal to use your own AI provider (Azure OpenAI or Azure AI Foundry). PHI must not be processed through Prime Signal's shared Anthropic API account. Contact support@primesignalsoftware.com to configure this before connecting any systems that may contain or access PHI.
1. Definitions
“PHI” means Protected Health Information as defined in 45 CFR § 160.103.
“HIPAA Rules” means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164.
2. Obligations of Prime Signal as Business Associate
2.1 Not use or disclose PHI other than as permitted by this BAA or required by law.
2.2 Use appropriate safeguards to prevent unauthorized use or disclosure of PHI.
2.3 Report to Customer any unauthorized use or disclosure of PHI, including breaches of unsecured PHI, within 72 hours of discovery.
2.4 Ensure sub-processors agree to the same restrictions.
2.5 Make PHI available to Customer as needed for individuals' access rights under HIPAA.
2.6 Return or destroy PHI on termination of the agreement.
2.7 Make its internal practices available to the Secretary of HHS for determining compliance.
3. Permitted Uses
Prime Signal may use PHI only to provide the services described in the Terms of Service and as required by law.
4. Customer Obligations
4.1 Configure Prime Signal to use your own AI provider before connecting any PHI-adjacent systems.
4.2 Notify Prime Signal of any restrictions on PHI use that may affect Prime Signal's service delivery.
4.3 Not request Prime Signal to use or disclose PHI in a manner that would violate HIPAA.
5. Term and Termination
5.1 This BAA remains in effect for the duration of the Terms of Service.
5.2 On termination, Prime Signal will return or destroy all PHI within 60 days, with written certification.
5.3 If return or destruction is not feasible, protections continue indefinitely for retained PHI.
To execute this BAA contact legal@primesignalsoftware.com. BAA execution is required before connecting any healthcare systems or those that may contain PHI.