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b CONEXIS Human re sumcelvl' HIPAA BUSINESS ASSOCIATE ADDENDUM Direct Client Client Name ("Employer"): City of Santa Ana Date ("Effective Date"): January 1. 2014 This HIPAA BUSINESS ASSOCIATE ADDENDUM (the "Addendum") is entered into by and between Employer in its individual capacity and on behalf of its group health plan(s) ("Plan") administered pursuant to this Agreement and CONEXIS Benefit Administrators, L.P., ("CONEXIS") in its capacity as both the Plan's and Employer's service provider as of the Effective Date. This Addendum is incorporated into and made a part of the Services Agreement between CONEXIS and Employer ("Agreement"). This Agreement is intended to comply with the privacy and administrative simplification requirements set forth in 45 CFR Parts 160, 162, and 164, issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"). Both Employer and CONEXIS acknowledge that the Plan and Employer are separate and distinct entities and that CONEXIS may perform services both on behalf of the Plan and also on behalf of Employer in its capacity as Plan sponsor. CONEXIS is considered a "Business Associate" with respect to services it performs on behalf of the Plan, if any, and an "Agent of Employer" with respect to services it performs on behalf of Employer, if any. This Addendum sets forth the responsibilities of CONEXIS in its capacity as a Business Associate, as required by 45 CFR § 164.504(e)(1) and in its capacity as Agent of Employer, as required by 45 CFR § 164.504(f)(2)(ii)(B). CONEXIS recognizes that in the course of performing some of the services, it will have access to, create, and/or receive from the Plan Protected Health Information ("PHI"). For purposes herein, PHI shall be limited to the information created or received from the Plan or on the Plan's behalf by CONEXIS. Whenever used in this Addendum, other capitalized terms shall have the respective meaning set forth below, unless a different meaning shall be clearly required by the context. In addition, other capitalized terms used in this Addendum, but not defined herein, shall have the same meaning, as those terms are defined in HIPAA. If there is a conflict between the Agreement and this Addendum with regard to the subject matter herein, this Addendum controls. I. Definitions For purposes of this Agreement: "Designated Record Set" will have the same meaning given to the term "designated record set" in 45 CFR §164.501. "Electronic Data Interchange Rule" shall mean the rules regarding standard transactions and code sets set forth in 45 C.F.R. Parts 160, 162 and 164, as may thereafter be amended. "Group Health Plan" will have the same meaning as the term "group health plan" in 45 CFR § 160.103. "Individual" will have the same meaning as the term "individual" in 45 CFR §160.103 and will include a person who qualifies as a personal representative in accordance with 45 CFR §164.502(g). "Privacy Breach" will have the same meaning as "Breach" set forth in 45 CFR §164.402. "Privacy Rule" will mean the Standards for Privacy of Individually Identifiable Health Information in 45 CFR Part 160 and Part 164, Subparts A and E. "Protected Health Information" or "PHI" will have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created or received by CONEXIS from or on behalf of the Plan. "Required by Law" will have the same meaning as the term "required by law" in 45 CFR § 164.103. "Se cretarty" will mean the Secretary of the Department of Health and Human Services or his designee. Y// w, C CONEXIS Initials Client Initials Direct Client Services Agreement 10 V9.0-040111