Common use of GENERAL PROVISIONS AND RECITALS Clause in Contracts

GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of “Business 21 Associate” in 45 CFR §160.103. 22 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined 24 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 pursuant to, and as set forth, in the Agreement.

GENERAL PROVISIONS AND RECITALS. 12 14 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 15 have the same meaning given to such terms under the Health Insurance Portability and Accountability 16 Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and 17 Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 16 45 18 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended.. 19 17 20 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 21 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 22 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 23 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of 24 “Business 21 Associate” in 45 CFR §§ 160.103. 22 25 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 26 terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined 24 27 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 28 pursuant to, and as set forth, in the Agreement.

GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph BSubparagraph B., 13 shall 13 have the same meaning given to such terms under the Health Insurance Portability and 14 Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for 15 Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing 16 regulations at 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended.be 17 18 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, 19 and 18 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 20 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 21 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of 22 “Business 21 Associate” in 45 CFR §§ 160.103. 22 23 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 24 terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined 24 25 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 26 pursuant to, and as set forth, in the Agreement.

GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph BSubparagraph B., 13 shall 13 have the same meaning given to such terms under the Health Insurance Portability and 14 Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for 15 Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing 16 regulations at 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended.be 17 18 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, 19 and 18 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 20 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 21 COUNTY pursuant to, and as set forth in, the Agreement Contract that are described in the definition of “Business 21 22 Associate” in 45 CFR §§ 160.103. 22 23 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 24 terms of the AgreementContract, some of which may constitute Protected Health Information (“PHI”), as defined 24 25 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 26 pursuant to, and as set forth, in the AgreementContract.

GENERAL PROVISIONS AND RECITALS. 12 10 1. The parties agree that the terms used, but not otherwise defined below in Paragraph BSubparagraph B., shall 13 have the same meaning given to such terms under the Health Insurance Portability and 11 Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for 12 Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing 13 regulations at 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 14 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 15 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 16 COUNTY pursuant to, and asprevious amendments, only as expressly set forth in, the Agreement that are 17 described in the definition of “Business 21 Associate” in 45 CFR §§ 160.103. 22 18 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined 24 19 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 20 pursuant to, and as set forth, in the Agreement.

GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph BSubparagraph B., 13 shall 13 have the same meaning given to such terms under the Health Insurance Portability and 14 Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for 15 Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing 16 regulations at 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter 17 amended. 17 18 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 19 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 20 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 21 COUNTY pursuant to, and as set forth in, the Agreement Contract that are described in the definition of “Business 21 22 Associate” in 45 CFR §§ 160.103. 22 23 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 24 terms of the AgreementContract, some of which may constitute Protected Health Information (“PHI”), as defined 24 25 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 26 pursuant to, and as set forth, in the AgreementContract.

GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability 14 Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and 15 Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 16 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, 18 and 18 the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of 20 COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of 21 “Business 21 Associate” in 45 CFR §§ 160.103. 22 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the 23 terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined 24 below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities 25 pursuant to, and as set forth, in the Agreement.