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U(/~~/~UUJ ~~;~u rnh ~u~ UI~ V,~Y INSURANCE NOI REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: 7-p>-07 N-2007 -077 mPAA BUSINESS ASSOCIATE AGREEMENT This Agreement is entered into between Employer, acting on behalf of the Plan (the "Plan(s)"), and ProcessWorks, Inc., ("Business Associate"). The parties intend to use this Amendment to satisfy the Business Associate contract requirements in the regulations at 45 CPR l64.502(e) and 164.504(e), issued under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 1. Definitions Terms used but not otherwise defined in this Agreement shall have the same meaning as those tenus in 45 CPR 160.103 and 164.501. Notwithstanding the above: ''Covered Entity" shall mean the group health plan; ''Individual'' shall have the same meaning as the teem '~ndividual" in 45 CPR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CPR l64.502(g); ''Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CPR part 160 and part 164, subparts A and E; "Protected Health Infonnation" shall have the same meaning as the term "protected health information" in 45 CPR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity; "Required By Law" shall have the same meaning as the term "required by law" in 45 CPR "S~~~~~ ,~~-;~ th~,~ecretary of tpe u.~,:"n,ep~~i;r;'~J~tli~d ~~an ~ices ~~ his de\<e: ,'I(:Ii! { '\ ,(1;'" '\,,'~ . ~ ~~ 'J'fJ; if'. '\1;, ~l~ If .~ '1': :~ "Security~. dden~. ~ sh~1 ha.f$1fi. e. sU... : .' mtllrlri~ias.. . .' . . is~(im'itl'i m~Mjt" 10.;' 5f" '.F.W"l"".... 164 3~. '." ft\ ... ~\ I. ~. ~ ~~.. '1f;..- gr-1f :w, rJ. riJ1 ," .~.t.:. ~~ ~ . .;iJt: '0;;" ~ 'l';" 1:'~' 1- "- "",.- Y,i.;" \,7'>-'" "Security''ifUle'' siih' m~tthe s;cGnty"stan&rcfs!ia m~eme~tati~id;,dillcati~ns 1f43"Ck ;, !, . r~J~ and ~~ l~:. ~ubp~ C; a~d: .. /.J.. \ f'~pt~8'jIsj~~o~~ r.!a~~llSj~lf>isha11 mean the final regulations issued by HHS concemmg standard transactions an,fcode s~ts under the AdmiIristration Simplification provisions ofHIPAA, 45 CPR part 160 and Part 162. 2. Obligations and Activities of Business Associate (a) Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by Section 3.0 of this Agreement, or as Required by Law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately prOlect the confidentiality, integrity, and availability of electronic Protected Health Information that it creates. receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. (c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees to report to Covered Entity any use dr disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware. Page 1