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25A - AGMT FOR FLEX SPENDING
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25A - AGMT FOR FLEX SPENDING
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Last modified
10/14/2020 3:08:32 PM
Creation date
10/14/2020 3:02:14 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Human Resources
Item #
25A
Date
10/20/2020
Destruction Year
2025
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DocuSign Envelope ID: CFCE3443-EF37-4FD48DCD-D85D559F77AE <br />safeguarding of PHI received from Covered Entity available to the Secretary for <br />the purpose of determining compliance with the HIPAA Rules. The <br />aforementioned information shall be made available to the Secretary in the <br />manner and place as designated by the Secretary or the Secretary's duly <br />appointed delegate. Under this Agreement, Business Associate shall comply and <br />cooperate with any request for documents or other information from the <br />Secretary directed to Covered Entity that seeks documents or other information <br />held by Business Associate. <br />xi. Business Associate may use Protected Health Information to report violations of <br />law to appropriate Federal and State authorities, consistent with 42 C.F.R. <br />§164.502(j)(1). <br />xii. Effective as of September 23, 2013, or the Effective Date of this Agreement, if <br />later, if Covered Entity requests an electronic copy of Protected Health <br />Information that is maintained electronically in a Designated Record Set in the <br />Business Associate's custody or control, Business Associate will provide an <br />electronic copy in the form and format specified by the Covered Entity if it is <br />readily producible in such format; if it is not readily producible in such format, <br />Business Associate will work with Covered Entity to determine an alternative form <br />and format that enable Covered Entity to meet its electronic access obligations <br />under 45 CFR § 164.524. <br />xiii. Business Associate will not use or disclose PHI for purposes of Marketing, as <br />defined in 45 CFR § 164.501, other than in accordance with the HIPAA Rules, <br />including the requirement, where applicable, to obtain prior written authorization <br />for such use or disclosure for Marketing purposes. <br />xiv. Effective as of September 23, 2013, or the Effective Date of this Agreement, if <br />later, Business Associate will refrain from using or disclosing Genetic Information <br />for underwriting purposes in violation of the HIPAA Rules. <br />4. Term and Termination. <br />i) Term. The Term of this Agreement shall be effective as of the date the Underlying <br />Agreement is effective, and shall terminate when all of the Protected Health Information <br />provided by Covered Entity to Business Associate, or created, maintained or received by <br />Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, <br />or, if it is infeasible to return or destroy Protected Health Information, protections are <br />extended to such information, in accordance with the termination provisions in this Section <br />IV. <br />a <br />/GOE <br />V w.MS.pa�i�� .....III\ <br />Document Generated on June 16, 2020 <br />City of Santa Ana Business Associate Agreement <br />Client Initials: <br />Page 10 <br />25A-33 <br />
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