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INS (JRtiPtNi1'tEJ�> WORK MAY PROCEED Ci-ERK OF COUNCiL, BUSINESS ASSOCIATE AGREEMENT A-2018-219 Cay., W�K5 This Business Associate Agreement, is entered Into as of September 1, 2019, by and between The City of Santa Ana (the "Pian" or "Covered Entity); and Benefit Administration Services International Corporation (the "Business Assoglarbs"). WITNESSETH: WHEREAS, the Covered Entity previously has entered Into an agreement (the "Agreement") with the Business Associate, whereby the Business Associate has agreed to provide certain services to the Plan; WHEREAS, to provide such services to the. Plan, the Business Associate must have access to certain protected health Information ("Protected Health Information" or "PHI"), as defined In the Standards for Privacy of Individually identifiable Health Information (the "Privacy Standards") set forth by the U.S. Department of Health and Human Services ("HMS"} pursuant to the Health Insurance Portability and Accountability Act of 1996, ("HIPAA") and amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), part of the American Recovery and Reinvestment Act of 2009 ("ARRA"), the Genetic Information Nondiscrimination Act of 2009 ("GINA"), and the final regulations to such Acts promulgated in January 2013; WHEREAS, to comply with the requirements of the Privacy Standards, the Covered Entity must enter Into this Business Associate Agreement with the Business Associats, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and Intending to be.legaily bound hereby, the parties hereto agree as follows; I. Definitions The following terms used in this Agreement shall have the same meaning as those terms in the Privacy Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Secretary, Subcontractor, and Use. if other terms are used, but not otherwise defined under this Business Associate Agreement, such terms shall then have the same meaning as those terms in the Privacy Rule. (a) Busies Assoc[*fe, "Business Associate" shall generally have the same meaning as the term "business associate' at 46 CFR 160.103. (b) Covered Electronic Transactions "Covered Electronic Transactions" shall have the meaning given the term "transaction"" In 45 CFR §160.103, (C) Covered Entity. "Covered Entity' shah generally have the same meaning as the term "covered entity" at 45 CFR 160.103. (d) Electronic Protected Neafth information. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 CFR §160.103. (e) Genetic Information, "Gehetic Information" shall have the same meaning as the term "ganeflc Information" In 45 CFR §160.103. (f) . IPAA Rules. "HIPAA Rules" shalt mean the Privacy, Seourity, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. (g) Individual. "Individual" shall have the same meaning as the term "Individual" in 45 CFR §160.103 and shall Include a person who qualifies as a personal representative in accordance with 46 CFR §164,602(g). (h) Private Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 GFR Part 160 and Part 164, subparts A and E.