Common use of HIPAA and HITECH Clause in Contracts

HIPAA and HITECH. The Company and its subsidiaries have been and are in compliance in all material respects with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), the regulations promulgated thereunder, any “business associate” agreements that the Company or its subsidiaries have executed pursuant to HIPAA, and state laws governing the privacy or security of protected health information. Neither the Company nor its subsidiaries has received any notification from any state or federal regulatory authority asserting that such person is not compliant with HIPAA or HITECH.