WITTMAN ENTERPRISES, LLC HIPAA BUSINESS ASSOCIATE AGREEMENT -2009

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Article VI Amendment to Business Associate Agreement This agreement serves as an Amendment to the existing Business Associate Agreement (B.A.A.) between Wittman Enterprises, LLC (B.A.), and The City of Santa fire Depa,en,-nt itIA, (Covered Entity) with an original date of 04/01/2003 . The parties acknowledge that acceptance of this Amendment by the Business Associate is an essential requisite to providing its contracted services to The City of Santa Fi e- BePWMT9M /one 1. This Amendment is incorporated into the existing Business Associate Agreement between the parties and is an integral part of that agreement. 2. This Amendment shall be effective May 1, 2009 as long as the existing B.A. Agreement has not been terminated. "Security Rules" I. This Amendment is executed pursuant to the requirements of the Security Regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Security Rule) found at 45 CPR Part 164. 2. Wittman Enterprises, LLC (B.A.) agrees to assume the following obligations regarding electronic Protected Health Information (e -PHI): a. B.A. agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of e -PHI that it creates, receives, maintains, or transmits on behalf of The City of Santa rife- DepeOntent Arq , if any. b. B.A. will ensure that any agent, including a subcontractor, to whom it provides e -PHI that was created, received, maintained, or transmitted on behalf of The City of Santa Fire Department ' agrees to implement reasonable and appropriate safeguards to protect the confidentiality, security, and integrity of e -PHI. c. B.A. agrees to alert The City of Santa F*@4;apa4#;Ra f V)c, of any security incident (as defined by HIPAA Security Rule) of which it becomes aware and the steps it has taken to mitigate any potential security compromise that may have occurred and to provide a report to The City of Santa Fire Department of any loss of data or other information system compromise as a result of the incident. d. B.A. authorizes termination of B.A. Agreement if The City of Santa Fire^9epeNment/} 14, reasonably determines that B.A. has violated a material term of this Amendment. "Privacy Rules" 1. This Amendment is executed pursuant to the requirements of the American Recovery and Reinvestment Act of 2009; Title XIII of the ARRA; Health information Technology for Economic and Clinical Health Act Subtitle D section 13400 — 13424. 2. Wittman Enterprises, LLC (B.A.) agrees to assume the following obligations of the "ARRA ": a. B.A. agrees to a patient's right to an accounting of all disclosures from an electronic health record (HER) b. B.A. agrees to a patient's right to request restrictions on the use of PHI when the service is paid for out of pocket and a request is made not to bill their health insurance c. B.A. agrees to a patient's right to obtain their PHI in an electronic format if it is stored in that manner d. B.A. agrees to notify Covered Entity when a breach of PHI is discovered e. B.A. agrees to the obligation that it must report any non compliance of HIPAA by the Covered Entity f. B.A. authorizes termination of the Business Associate Agreement if The City of Santa Rm- "Pau«—t A,,c, reasonably determines that the B.A. has violated a material term of this Amendment.