RECALL TOTAL INFORMATION MANAGEMENT, INC. 1 -2010

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" BUSINESS ASSOCIATE ADDENDUM TO RECALL DPS SERVICES AGREEMENT Recall Initials .LIII B Customer Initials Of" This addendum ( "A endum ") is incorporated into the Confidentiality section of the Recall DPS Terms and Conditions that constitute Section B of the Recall Services Agreement "Services Agreement ") between Recall Total Information Management, Inc. ( "Recall ") and City of Santa Ana ( "Customer') to the extent that the Services Agreement requires Recall to provide services with respect to Protected Health Information, as defined below. For purposes of this Addendum Recall is identified as "Business Associate" and Customer is identified as "Covered Entity ". 1. For purposes of this Addendum, the following terms shall have the meanings ascribed to them below: (a) Electronic Media shall have the same meaning as the term "electronic media" as defined by 45 CFR 160.103. (b) Electronic Protected Health Care Information shall have the same meaning as the term "Electronic Protected Health Information" as defined by 45 CFR 160.103. (c) Individual shall have the same meaning as the term "individual" as defined by 45 C.F.R. 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). (d) Parties shall mean BUSINESS ASSOCIATE and COVERED ENTITY. (e) Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR, Sections 160 and 164, subparts A and E. (f) Protected Health Information shall mean any health information as defined by 45 C.F.R. 164.501 that is provided and /or made available by or on behalf of COVERED ENTITY to BUSINESS ASSOCIATE. (g) Required by law shall have the same meaning as the term "required by laud' as defined by 45 C.F.R. 164.501. (h) Secretary shall mean the Secretary of the Department of Health and Human Services and his /her designee. (i) Security Incident shall have the same meaning as the term "Security Incident" as defined in 45 CFR 164.304. 0) Security Rule shall mean the requirements regarding security for the protection of Electronic Protected Health Information as provided in 45CFR part 160 and part164, subparts A and C. (k) Transaction Rule shall mean the requirements regarding electronic transactions set forth in 45CFR parts 160 and 162. 2. Term. The effective date of this Addendum shall begin as of the Effective Date of the Service Agreement, and shall expire when all of the Health Information provided by COVERED ENTITY to BUSINESS ASSOCIATE is destroyed or returned to COVERED ENTITY pursuant to Section 6 below. 3. Obligations and Activities of Business Associate. a. Business Associate agrees to use reasonable care not to use or disclose Protected Health Information other than as permitted or required by the Addendum or as Required By Law. b. Business Associate agrees to use appropriate physical, technical and administrative safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Addendum, and to protect the confidentiality, integrity and availability of Electronic Protected Health Information that it creates, receives, maintains or transmits on behalf of Customer. 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 Addendum, and to report to Covered Entity any Security Incident of which it becomes aware (whether or not such Security Incident is successful) within two (2) days after the date on which Business Associate becomes aware of such Security Incident.. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Addendum of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity agrees to substantially the same restrictions and conditions that apply through this Addendum to Business Associate with respect to such information. f. Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, in a time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. g. Business Associate agrees to document such disclosures of Protected Health Information as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. h. Business Associate agrees to provide to Covered Entity or an Individual, within five (5) business days after receipt of a written request therefore, information collected in accordance with Section 3(g) of this Addendum, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. i. Business Associate shall: (A) provide access to Protected Health Information in a Designated Record Set in order to meet the requirements under 45 CFR § 164.524 and (B) make any amendment(s) to Protected Health Information in a Designated Record Set pursuant to 45 CFR § 164.526. 4. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement, a. Business Associate may use or disclose Protected Health Information to perform services for, or on behalf of, Covered Entity as specified in the Services Agreement, provided that such use or disclosure would not violate the Privacy Rule or the Security Rule if done by Covered Entity. b. Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. c. Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. d. Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 42 CFR § 164.504(e)(2)(i)(B). e. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.5020)(1). 5. Obligations of Covered Entity a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. b. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 6. Termination a. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: 1. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Addendum the Services Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; 2. Immediately terminate this Addendum and the Services Agreement if Business Associate has breached a material term of this Addendum and cure is not possible; or 20070809 Short Form DPS Contract 5 of 6