BAA For HIPAA Compliance

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    jackie.scott
    Asked on December 28, 2020 at 02:25 PM

    Before we can sign the BAA to have a HIPAA Compliant form, can you please help with the following questions from our Corp Counsel:


    Here is a rough outline of our concerns in the HIPAA BAA to communicate to Jotform:

    (1) The contract does not have a set term;

    (2) the contract does not include pricing information;

    (3) the contract's termination clause, in section 5.1, is more limited than we would like it to be;

    (4) the first sentence in section 4.3 of the contract appears to be unusually restrictive, as well as internally incongruent when compared to section 2.6;

    (5) the second sentence in section 2.8 of the contract appears to be both unusually restrictive, as well as internally incongruent when compared both to the first sentence of section 2.8 and various other provisions throughout the contract.

     

    Hopefully they are amenable to allowing slight edits to the HIPAA BAA to address one or more of these concerns. At a minimum, I hope they could dispel our concerns with explanations.

     

    Also, unless I am missing something from reading their website, please inquire about their subscription cancelation policy, since their website provides slightly confusing information about whether "cancelation" refers to total termination of services or instead to some kind of indefinite downgrading of the subscription to the 'Starter/FREE' plan. Here is a link to Jotform's explanation of it:

    https://www.jotform.com/help/341-how-to-cancel-a-subscription-and-downgrade-back-to-free

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    BDAVID
    Answered on December 28, 2020 at 05:22 PM

    Good day, thank you for contacting us. The BAA cannot be modified. Custom BAA is only possible for Enterprise users: https://www.jotform.com/enterprise/pricing/

    For more information, please contact our Enterprise support through by clicking on the "Contact Sales" button.

    In regard to cancelling a subscription, once the billing cycle ends, your account will go back to free status, therefore, it will be subject to the limits that a free plan provides.

    If by that time you have more than 5 forms, they will not be deleted, but you will not be able to create a new form. Also, if you have more than 500 submissions, the system will delete them and would only keep the 500 most recent ones since that is the submission's storage capacity of free accounts: https://www.jotform.com/help/408-understanding-your-account-usage-and-limits