The part most vendors leave to the contract

Trust & Security

You are considering letting an outside firm work inside a system that holds patient information. These are the answers your attorney is going to ask for, written down in advance.

MaxPower Labs signs a Business Associate Agreement before work begins, on the client’s form or its own, and requires any subcontractor to sign one too. Client data, including backups, stays inside the client’s own BAA-covered Microsoft 365 account. MaxPower Labs does not host protected health information. The client owns the deployment, source code, data, workflows and configuration, transferring on final payment.

The first question

Yes, we sign a BAA

MaxPower Labs signs a Business Associate Agreement before any engagement in which we could encounter protected health information, and we sign it before work begins, not after a problem surfaces.

  • Your form or ours, whichever your counsel prefers.
  • Every subcontractor signs one too, and we disclose that we use subcontractors up front.
  • Signed before kickoff, not bolted on at go-live.

Most vendor pages mention BAAs only to explain that Microsoft has one. That is a different question from whether the firm working inside your account will sign one.

What we commit to in writing

  • Data residency: everything, including backups, stays inside your BAA-covered Microsoft 365 account.
  • Encryption: at rest and in transit, using the Microsoft 365 platform’s own controls rather than a layer we invented.
  • Least privilege: access scoped to the specific task, time-limited, and revoked at project close.
  • Multi-factor authentication: required for every account with access to your environment, ours included.
  • Dummy data during build: development and testing run against synthetic records, never live patient data.
  • Access review: documented at each milestone, with a written list of who holds what.
  • Breach notification: contractual commitment to notify you without unreasonable delay, with the timeline written into the BAA.
  • Insurance: tell us what your counsel requires and we will confirm our current coverage in writing before you sign.

Ownership

You own what you paid for

This is not a license you rent from us. When the final payment clears, the work is yours.

What transfers to you

  • The deployment itself, running in your own account
  • The source code
  • Your data, workflows and configuration
  • Full administrative control
  • The right to modify it, or to hire an entirely different developer tomorrow

What we keep, stated plainly

We retain our pre-existing, general-purpose components, tools and methods. We call these Background Tools, and you get a perpetual, royalty-free license to keep using them as embedded in your system.

We will not resell or reuse your platform, workflows or configuration for anyone else. This carve-out appears in the body of every contract in language your attorney can read, not buried in an appendix, because a client with counsel will find it anyway, and finding it late is what ends engagements.

Why this is urgent right now

What enforcement actually looks like

The risk to a small practice is not a dramatic breach. It is a routine complaint that turns into a request for a document you do not have.

21
HIPAA settlements resolved by OCR in 2025: the second-highest annual total on record
Most
of recent enforcement actions cite an inadequate or missing security risk analysis
$225K
paid by behavioral health provider Deer Oaks in July 2025, in exactly that category

Sources: HHS Office for Civil Rights enforcement announcements and the OCR risk-analysis enforcement initiative. See hhs.gov enforcement agreements. Figures current as of July 2026; check the source for the latest position.

A risk analysis is not your policies binder and it is not your EHR vendor’s certification. It is a written, dated assessment of where protected health information actually lives in your practice and what could go wrong with it, including the intake form your website runs and the board your coordinator lives in.

Small providers are not exempt from this, and recent actions have included providers of a size comparable to yours. The documented risk analysis is the first deliverable of our $3,000 assessment, and you keep it whether or not you build anything with us.

To be clear about what we are and are not. We are a workflow systems firm, not a law firm and not a certification body. We produce the documented analysis, the inventory and the policy; we do not issue legal opinions, and for anything genuinely contested you should have counsel involved. Any firm telling you software alone makes you compliant is selling you something.

Who you’re working with

Three people, and you will meet all of them

MaxPower Labs, LLC is its own company, backed by Max Power Technology, the SMB-focused IT shop Jairo has run for more than 17 years. Real engineers and operators, not a slide deck. There is no account manager layer between you and the people who do the work.

Paul Tran, Co-Founder and CEO of MaxPower Labs

Paul Tran

Co-Founder & CEO

Leads AI strategy and delivery. Closer to the codebase than the slide deck. Runs every workflow review call personally.

Jairo E. Tzunun, Co-Founder and COO of MaxPower Labs

Jairo E. Tzunun

Co-Founder & COO

Runs delivery and infrastructure. 17+ years running an SMB IT shop. Microsoft 365 accounts, permissions and security are his day job, not a new interest.

LinkedIn →

Jaime Perez, AI Business Development at MaxPower Labs

Jaime Perez

AI Business Development

Leads partnerships. Scopes what AI will actually do, not what it could theoretically do, which is why the roadmaps we write are short.

Build work is sometimes performed by a subcontractor under a signed BAA, working against dummy data. We tell you that before you ask. These three remain your point of accountability throughout.

What your attorney will ask

We are in California. Is HIPAA the only thing that applies to us?

We are not lawyers and none of this is legal advice, but it is the frame we design inside and it is worth raising with your counsel early. No: California also has the Confidentiality of Medical Information Act, which sits alongside HIPAA. Where state law is more protective than HIPAA, the state rule governs. The difference that matters most to you is enforcement: HIPAA is enforced by regulators and creates no general private right of action, while CMIA lets a patient sue you directly for an unauthorized disclosure. The exposure is therefore not only a federal penalty. It can also be a civil claim from the person whose information moved. That is a large part of why we care where a tool physically stores your records rather than only whether a vendor will sign a form.

What about psychotherapy notes specifically?

Again, not legal advice. They are a distinct category under HIPAA and carry stronger protection than the rest of the record, but that heightened protection only applies if they are in fact kept separately from it. CMIA adds further conditions on releasing outpatient psychotherapy information to a third party without written authorization. If your process notes currently sit in the same place as scheduling and billing, that is worth raising with your counsel, and it is the kind of thing the paid assessment documents properly. Where a build touches them at all, they get their own storage and their own access rules rather than inheriting whatever the case record uses.

What happens to our system if MaxPower Labs stops existing?

Nothing of ours has to keep existing for it to work. The system lives in your own Microsoft 365 account under your admin control. You own the source code and configuration outright, and your team gets written instructions and the documentation at handover. There is no MaxPower Labs cloud in the path, no license key of ours to expire, and no hosting bill of ours that could lapse. What you would need is another developer, so we build with standard Microsoft 365 components rather than anything exotic, specifically so another Microsoft 365 consultant can take it over. That is a deliberate constraint and occasionally a slower way to build. Ask us on the call what would actually be involved, because it is a fair question and the honest answer has some work in it.

Will you sign our BAA form instead of yours?

Yes. If your counsel prefers your paper, we sign yours. We would rather move quickly on your terms than spend three weeks negotiating whose template wins.

Do you use subcontractors?

Sometimes, for build work. We tell you this before you ask, name the arrangement in the contract, and require the subcontractor to sign a Business Associate Agreement as well. Subcontractors build against dummy data and receive only scoped, time-limited access to your account when the work genuinely requires it. We remain your sole point of accountability and your sole contracting party.

Where does our data live?

In your own Microsoft 365 account, covered by your BAA with Microsoft, under your administrative control. We do not host your protected health information. There is no MaxPower Labs cloud that your patient data is copied into, and no third-party analytics service watching your clinical workflow.

What happens if we stop working with you?

Nothing breaks. The system is in your own account, you own the source code, and your administrators keep full control. We hand over documentation and, if you want, brief whoever takes over. There is no lock-in mechanism, because a system you cannot leave is a system you were never really sold.

Are you insured?

Tell us what your counsel requires and we will confirm our current coverage in writing before you sign anything. We would rather give you a specific answer against your actual requirement than a vague reassurance on a web page.

Can we speak to a reference?

Ask us on the call and we will tell you honestly what we can offer at that moment. We are early enough as a firm that we would rather say so than manufacture a reference. What we can always do is walk you through the workflow mapping described on our Proof page in as much detail as you want, including the parts we got wrong. We do not publish client names without written permission, which is the same courtesy we would extend to you.

Bring your hardest question

If there is something on this page your counsel would push back on, raise it on the call. We would rather argue about it now than discover it in legal review.

30 minutes with Paul Tran, who runs every one of these calls. Evening slots available. We know your day is patients.  ·  paul@maxpowerlabs.ai