Non-Disclosure Agreement
Secure your Ohio physical therapy clinic with a customized NDA. Compliance-ready for PHI, HIPAA, and Ohio Revised Code § 1335.05/1335.15 requirements.
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As an Ohio physical therapist, your practice is built on proprietary rehabilitation modalities, sensitive functional assessment data, and protected health information (PHI). Whether you are hiring a... Read more
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As an Ohio physical therapist, your practice is built on proprietary rehabilitation modalities, sensitive functional assessment data, and protected health information (PHI). Whether you are hiring a new clinical assistant under Ohio’s at-will employment framework or collaborating with a third-party billing service, you face significant liability regarding Medicare compliance and patient injury claims if sensitive protocols are leaked. This Non-Disclosure Agreement safeguards your competitive advantage—such as unique range of motion protocols—while ensuring strict adherence to the Ohio Physical Therapy Practice Act and HIPAA standards. By clearly defining 'Confidential Information' and establishing Remedies for Breach, you mitigate the risk of license revocation and reimbursement disputes that arise from unauthorized data sharing.
Beyond the standard non-disclosure agreement sections, this template adds fields specific to Physical Therapist:
The core legal purpose of a Non-Disclosure Agreement (NDA) is to establish a legal framework to protect confidential and proprietary information shared between parties. It restricts the unauthorized disclosure or use of such information, thereby enabling parties to collaborate, negotiate, or explore business opportunities while safeguarding sensitive information.
Improper billing or insurance fraud
Standardized billing protocols and regular audits to ensure compliance with insurance and Medicare billing procedures.
For this non-disclosure agreement to be legally valid:
Common mistakes to avoid:
Physical Therapy Practice Act
Each state has its own Physical Therapy Practice Act, which outlines the scope of practice, licensing requirements, and regulations specific to practicing physical therapists.
Enforced by State Physical Therapy Boards
Health Insurance Portability and Accountability Act (HIPAA)
Mandates the protection and confidential handling of protected health information (PHI) in healthcare settings, including physical therapy practices.
Enforced by U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Medicare Compliance
Regulations concerning the billing and provision of rehabilitation services to Medicare beneficiaries, including adherence to documentation and reimbursement guidelines.
Enforced by Centers for Medicare & Medicaid Services (CMS)
Recommended coverage: Professional Liability Insurance (Errors and Omissions) · General Liability Insurance · Workers' Compensation Insurance · Property Insurance
While this NDA includes clauses for protecting PHI and 'Confidential Information' as required by the Health Insurance Portability and Accountability Act (HIPAA), it is designed to work alongside a Business Associate Agreement (BAA) if you are sharing patient data with a third-party vendor. It aligns with the Ohio Physical Therapy Practice Act to ensure practitioners maintain ethical documentation standards.
Per Ohio Rev. Code Ann. § 1335.05 and § 1335.15, agreements that cannot be performed within one year or those involving specific financial commitments must be in writing. This document satisfies the written requirement to ensure your trade secrets and clinical modalities are legally protected in Ohio courts.
Yes; however, in Ohio, if you provide this NDA to an existing employee, you may need to offer additional 'consideration' (such as a bonus or change in status) to ensure enforceability. For new hires, the offer of employment serves as sufficient consideration under Ohio at-will employment principles.
The 'Remedies for Breach' clause allows you to seek injunctive relief and monetary damages. In Ohio, this is critical because it prevents the further unauthorized use of your proprietary functional assessment tools or insurance billing codes that could lead to fraud investigations or license revocation.
State laws affect what must be in this document. Pick your jurisdiction.
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