Common use of Business Associate Contract Clause in Contracts

Business Associate Contract. 18 A. GENERAL PROVISIONS AND RECITALS 19 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and 20 Definitions Paragraph of Exhibit BA to the Agreement or in Subparagraph B below, shall have the same 21 meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 22 CFR Parts 160 and 164 (the HIPAA regulations) as they may exist now or be hereafter amended. 23 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 24 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 25 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 26 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of “Business 27 Associate” in 45 CFR § 160.103. 28 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 29 terms of the Agreement, some of which may constitute PHI, as defined below in Subparagraph B.10, to 30 be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the 31 Agreement. 32 4. The parties intend to protect the privacy and provide for the security of PHI that may be 33 created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement in compliance 34 with the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH 35 Act, and the HIPAA regulations as they may exist now or be hereafter amended. 36 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 37 114 of 15 EXHIBIT FC

Business Associate Contract. 18 A. GENERAL PROVISIONS AND RECITALS 19 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and 20 Definitions Paragraph of Exhibit BA A, B, and C to the Agreement or in Subparagraph subparagraph B below, shall have the same 21 meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations implementingregulations at 45 22 CFR Parts 160 and 164 (the HIPAA regulations) regulations as they may exist now or be hereafter amended.hereafter 23 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 24 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 25 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 26 COUNTY ofCOUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of “Business 27 Associate” in 45 CFR § 160.103.of 28 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 29 terms of the Agreement, some of which may constitute PHI, as defined below in Subparagraph B.10, to 30 be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the 31 Agreement.the 32 4. The parties intend to protect the privacy and provide for the security of PHI that may be 33 created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement in compliance 34 with the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH 35 Act, and the HIPAA regulations as they may exist now or be hereafter amended.HITECH 36 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 11 A. GENERAL PROVISIONS AND RECITALS 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in Subparagraphs B.9 and B.14, apply to the CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). CONTRACTOR agrees therefore to be in compliance at all times with the terms of this Business Associate Contract and the applicable standards, implementation specifications, 34 35 36 37 114 of 15 EXHIBIT FC1 with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed 2 pursuant to the Agreement.

Business Associate Contract. 18 A. GENERAL PROVISIONS AND RECITALS 19 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and 20 Definitions Paragraph of Exhibit BA Exhibits B and C to the Agreement or in Subparagraph subparagraph B below, shall have the same 21 meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 22 CFR Parts 160 and 164 (the HIPAA regulations) as they may exist now or be hereafter amended. 23 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 24 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 25 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 26 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of “Business 27 Associate” in 45 CFR § 160.103.of 28 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 29 terms of the Agreement, some of which may constitute PHI, as defined below in Subparagraph B.10, to 30 be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the 31 Agreement.the 32 4. The parties intend to protect the privacy and provide for the security of PHI that may be 33 created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement in compliance 34 with the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH 35 Act, and the HIPAA regulations as they may exist now or be hereafter amended.HITECH 36 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 12 A. GENERAL PROVISIONS AND RECITALS 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in Subparagraphs B.9 and B.14, apply to the CONTRACTOR in the same manner as they apply to a covered entity (COUNTY). CONTRACTOR agrees therefore to be in compliance at all times with the terms of this Business Associate Contract and the applicable standards, implementation specifications, and requirements of the Privacy and the Security rules, as they may exist now or be hereafter amended, 34 35 36 37 114 of 15 EXHIBIT FCD X:\ASR\BEHAVIORAL HEALTH\ASR-14-000061 MENTAL HEALTH RESIDENTIAL REHABILITATION SERVICES MA 14-17 BU.DOCX «CONTRACT_CODE»- MAMHRR01MHKK17 1 with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed 2 pursuant to the Agreement.