Common use of BUSINESS ASSOCIATE TERMINATION Clause in Contracts

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOCCOMMISSION, or created or received by CFCOC COMMISSION on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreementin, Article VII, Termination, upon COUNTY’s knowledge of a material breach by CFCOC COMMISSION of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC COMMISSION to cure the material breach or end the violation and terminate this MOU if CFCOC COMMISSION does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC COMMISSION has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementMOU, all PHI provided by COUNTY to CFCOCCOMMISSION, or created or received by CFCOC COMMISSION on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this AgreementArticle VII, Termination, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCCOMMISSION. b. CFCOC COMMISSION shall retain no copies of the PHI. c. In the event that CFCOC COMMISSION determines that returning or destroying the PHI is infeasible, CFCOC COMMISSION shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC COMMISSION shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC COMMISSION maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement shall only terminate when all of the PHI provided by COUNTY County to CFCOCContractor, or created or received by CFCOC Contractor on behalf of COUNTYCounty, is destroyed or returned to COUNTYCounty, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this SubparagraphSection. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTYCounty’s knowledge of a material breach by CFCOC Contractor of the requirements of this Paragraph, COUNTY County shall either: a. a) Provide an opportunity for CFCOC Contractor to cure the material breach or end the violation and terminate this MOU Agreement if CFCOC Contractor does not cure the material breach or end the violation within thirty (30) business days; or b. b) Immediately terminate this MOU Agreement if CFCOC Contractor has breached a material term of this MOU Agreement and cure is not possible; or c. If or if neither termination nor cure is feasible, COUNTY County shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY County to CFCOCContractor, or created or received by CFCOC Contractor on behalf of COUNTYCounty, shall either be destroyed or returned to COUNTY County as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. a) This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCContractor. b. CFCOC b) Contractor shall retain no copies of the PHI. c. c) In the event that CFCOC Contractor determines that returning or destroying the PHI is infeasible, CFCOC Contractor shall provide to COUNTY County notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY County that return or destruction of PHI is infeasible, CFCOC Contractor shall extend the protections of this MOU Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC Contractor maintains such PHI. 1. Contractor has permanently remove all stored data from the hard drives and Cache memory from Copier prior to: 1) transfer or sale of returned Copier from County, 2) trade-in on replacement equipment; 3) scrapping; 4) donation; and/or 5) destruction. 2. The procedures associated with permanently removing all stored data from the hard drives and Cache memory that resides within Copiers is in compliance with NIST SP 800-88 and Department of Defense (DoD) 5220.22-compliant sanitation programs.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement shall only terminate when all of the PHI provided by COUNTY to CFCOCCONTRACTOR, or created or received by CFCOC CONTRACTOR on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this SubparagraphSection. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s ’S knowledge of a material breach by CFCOC CONTRACTOR of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC CONTRACTOR to cure the material breach or end the violation and terminate this MOU Agreement if CFCOC CONTRACTOR does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU Agreement if CFCOC CONTRACTOR has breached a material term of this MOU Agreement and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCCONTRACTOR, or created or received by CFCOC CONTRACTOR on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCCONTRACTOR. b. CFCOC CONTRACTOR shall retain no copies of the PHI. c. In the event that CFCOC CONTRACTOR determines that returning or destroying the PHI is infeasible, CFCOC CONTRACTOR shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC CONTRACTOR shall extend the protections of this MOU Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC CONTRACTOR maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subCFCOCsCFCOC or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this AgreementMOU, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementMOU, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this AgreementMOU, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this AgreementContract, upon COUNTY’s County‟s knowledge of a any material breach by CFCOC Contractor of the requirements of this Paragraphattachment C to the Contract, COUNTY shall either: a. County shall: a Provide an opportunity for CFCOC Contractor to cure the material breach or end the violation and terminate this MOU Contract if CFCOC Contractor does not cure the material breach or end the violation within thirty (30) business days; or b. or b Immediately terminate this MOU Contract if CFCOC Contractor has breached a material term of this MOU Contract and cure is not possible; or c. or c If neither termination nor cure is feasible, COUNTY County shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementContract, all PHI provided by COUNTY County to CFCOCContractor, or created or received by CFCOC Contractor on behalf of COUNTYCounty, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this AgreementCounty at County‟s sole discretion, and in conformity with the Privacy Rule. a. . This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI Contractor. If it is infeasible, CFCOC shall provide infeasible to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasibledestroy PHI, CFCOC Contractor shall extend the protections of this MOU Contract to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC Contractor maintains such PHI. Contractor shall provide at its own expense all labor, materials, equipment, insurance coverage, permits, licenses, preparation of all faxed and mailed/delivered reports and all other fees to provide the services specified herein. Services shall be requested on an as-needed basis and usage is not guaranteed. Service locations, drugs, and test panels may be added or deleted at any time during the term of the Contract. The detection limit of each method is the lowest drug concentration that the laboratory can reliably detect in urine. State the cost for this Methadone panel: $ 7.60 CALIFORNIA STATE MANDATED METHADONE TEST PANEL ACCORDING TO LICENSURE STIPULATIONS INITIAL TEST ALTERNATIVE TEST DRUG OR DRUG CLASS TEST USED DETECTION LIMIT micrograms/ milliliter COST TEST USED DETECTION LIMIT micrograms/ milliliter COST Amphetamine Methamphetamine Immunoassay “ 1.0 1.0 * GC/MS 0.5 0.5 $0 Pentobarbital Secobarbital Phenobarbital “““ 0.3 0.3 0.5 * GC/MS GC/MS GC/MS 0.3 0.3 0.5 $0 Methadone “ 0.3 * TLC 1.0 $0 Methadone Metabolite “ 0.3 * TLC 0.5 Codeine Morphine ““ 0.3 0.3 * GC/MS GC/MS 0.2 0.2 $0 Cocaine Benzoylecgonine “ 0.3 * GC/MS 0.15 $0 *Ordered as component of Methadone panel only Cost for the Rapid Drug Screen Panel (includes 5 drugs) = (Amphetamine/Methamphetamine, Barbiturates, Cocaine, Methadone, and Opiates ): $ 4.65 Cost for each drug test if ordered individually: INITIAL TEST** ALTERNATIVE TEST** DRUG OR DRUG CLASS TEST USED DETECTION LIMIT micrograms/ milliliter COST TEST USED DETECTION LIMIT micrograms/ milliliter COST Amphetamines Amphetamine Methamphetamine Immunoassay “ 1.0 1.0 $0.93 GC/MS 0.5 0.5 $0 Barbiturates Pentobarbital Secobarbital Phenobarbital “““ 0.3 0.3 0.5 $0.93 GC/MS GC/MS GC/MS 0.3 0.3 0.5 $0 Methadone “ 0.3 $0.93 TLC 1.0 $0 Opiates Codeine Morphine ““ 0.3 0.3 $0.93 GC/MS GC/MS 0.2 0.2 $0 Cocaine Benzoylecgonine “ 0.3 $0.93 GC/MS 0.15 $0 Benzodiazepines Diazepam (Valium) Nordiazepam (metabolite of diazepam, Librium, and chlorazepate) Oxazepam (Serax) (metabolite of diazepam) Temazepam (Restoril) 7-amino clonazepam (metabolite of chlonazepam) Alprazolam (Xanax) Alpha Hydroxy Alprazolam (metabolite of alprazolam) Desalkylflurazepam (metabolite of flurazepam) Midazolam (Versed) 7-amino Flunitrazepam Lorazepam (Ativan) Trizolam (Halcion) Alpha Hydroxy Triazolam (metabolite of triazolam “ 0.3 $0.93 GC/MS 0.2 *$80.00 INITIAL TEST** ALTERNATIVE TEST** DRUG OR DRUG CLASS TEST USED DETECTION LIMIT micrograms/ milliliter COST TEST USED DETECTION LIMIT micrograms/ milliliter COST Propoxyphene Norpropoxyphene “ 0.3 $0.93 TLC 1.0 $0 TLC 0.05 THC (Marijuana) “ 0.05 $2.00 GC/MS 0.025 $0 SPECIAL TESTS BY REQUEST ONLY Alcohol Immunoassay 20mg/dL $2.00 GC 20mg/dL $0 Opiates Meperidine TLC 1.0 $2.50 GC/MS 0.2 mcg/mL $0 Hydrocodone Immunoassay 0.3 $2.50 “ 0.2 mcg/mL $0 Oxycodone Immunoassay 1.0 $4.50 “ 0.5 mcg/mL $0 MDMA Immunoassay 0.5 $2.50 GC/MS 0.5 mcg/mL $0 Legend: GC/MS = Chromatography/Mass Spectrometry GC = Gas Chromatography TLC= Thin Layer Chromatography *Confirmation of Benzodiazepines orderable by special request and pre-approval by MD. **Methodology / detection limits will be updated/revised as available for most accurate results. Screening cut off and confirmatory cut off levels for each drug listed below. Drug Screening Cut Off (ng/mL) Confirmatory Cut Off (ng/mL) Opiates 300 200 Phencyclidine ▇▇ ▇▇ ▇▇▇ (▇▇▇▇▇▇▇▇▇) ▇▇ ▇▇ (TLC), 25 (GC/MS) Cocaine 300 150 Amphetamines 1000 500 Benzodiazepines 300 200 Methadone 300 1000 Propoxyphene 300 1000 Barbiturates 300 500 Drug Confirmation (requested on diluted samples) Lab Code CPT Codes Price Amphetamines/methamphetamines AMPCON 80102 $14.65 Barbiturates BARCON 80102 $14.65 Methadone METCON 80102 $14.65 Opiates (codeine and morphine) OPSCON 82491 $19.97 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ $20.45 Benzodiazepines BENZMS 80102 $80.00 Propoxyphene DARCON 80101 $15.22 THC (marijuana) THCCON 80102 $14.65 No fee will be charged to County for: a. Occasional court appearance/testimony; or b. Confirmation test on positive specimens; or c. Re-tests requested by the County I. Location Code Phone Fax Contact Name Santa ▇▇▇ 17th Street Methadone ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇. ▇▇▇▇▇ HDM ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Aliso Viejo ADAS HDA ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Aliso Viejo Perinatal Drug Testing HDB ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Aliso Viejo Drug Court HDC ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Fullerton ADAS HDE ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇. 92632 Santa ▇▇▇ ▇▇▇▇ HDG ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇. ▇▇▇▇▇ Santa ▇▇▇ Perinatal Drug Testing HDH ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇. ▇▇▇▇▇ Santa ▇▇▇ Drug Court, Domestic Violence, DUI HDI ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ & HDV (Domestic Violence) ▇▇▇▇▇ ▇▇▇, ▇▇. ▇▇▇▇▇ & HDW (DUI Drug Court) (Enter from outside on corner of Washington and Main) Costa Mesa ADAS HDK ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇ ▇▇▇▇, ▇▇. ▇▇▇▇▇ Costa Mesa Drug Court HDL ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇▇▇ ▇▇▇▇, ▇▇. ▇▇▇▇▇ Anaheim ADAS HDD ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇ Rd, 100A Anaheim, CA. II. Location Code Phone Fax Contact Name CONTRACT N1000009166 MA-042-10011611 ATTACHMENT F COUNTY-SUPPLIED ITEMS AND RESOURCES 1. County will provide complete information for test order on requisitions as required by Contractor and/or as State of California Laboratory regulations dictate. 2. County will notify Contractor at least forty eight (48) hours in advance of needed laboratory supplies.

BUSINESS ASSOCIATE TERMINATION. 5 1. Notwithstanding the Termination provisions set forth in this MOUAgreement, the MOU Agreement 6 shall only terminate when all of the PHI provided by COUNTY to CFCOCINTERMEDIARY, or created or 7 received by CFCOC INTERMEDIARY on behalf of COUNTY, is destroyed or returned to COUNTY, or if 8 infeasible to return or destroy PHI, protections are extended to such information, in accordance with the 9 termination provisions of this Subparagraph. 10 2. In addition to the rights and remedies provided in the Termination paragraph of this 11 Agreement, upon COUNTY’s knowledge of a material breach by CFCOC INTERMEDIARY of the 12 requirements of this Paragraph, COUNTY shall either: 13 a. Provide an opportunity for CFCOC INTERMEDIARY to cure the material breach or end the violation 14 and terminate this MOU Agreement if CFCOC INTERMEDIARY does not cure the material breach or end the violation within 15 thirty (30) business calendar days; or 16 b. Immediately terminate this MOU Agreement if CFCOC INTERMEDIARY has breached a material 17 term of this MOU Paragraph and cure is not possible; or 18 c. If neither termination nor cure is feasible, COUNTY shall report the violation to the 19 Secretary of the Department of Health and Human Services. 20 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCINTERMEDIARY, 21 or created or received by CFCOC INTERMEDIARY on behalf of COUNTY, shall either be destroyed or 22 returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity 23 with the Privacy Rule. 24 a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOC25 INTERMEDIARY. 26 b. CFCOC INTERMEDIARY shall retain no copies of the PHI. 27 c. In the event that CFCOC INTERMEDIARY determines that returning or destroying the PHI is 28 infeasible, CFCOC INTERMEDIARY shall provide to COUNTY notification of the conditions that make return 29 or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is 30 infeasible, CFCOC INTERMEDIARY shall extend the protections of this MOU Agreement to such PHI and limit 31 further uses and disclosures of such PHI to those purposes that make the return or destruction 32 infeasible, for so long as CFCOC INTERMEDIARY maintains such PHI.. 33 // 34 // 35 //

BUSINESS ASSOCIATE TERMINATION. 24 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph Paragraph of this 25 Agreement, upon COUNTY’s knowledge of a material breach by CFCOC INTERMEDIARY of the 26 requirements of this Paragraph, COUNTY shall either: 27 a. Provide an opportunity for CFCOC INTERMEDIARY to cure the material breach or end the 28 violation and terminate this MOU Agreement if CFCOC INTERMEDIARY does not cure the material breach or end 29 the violation within thirty (30) business days; or 30 b. Immediately terminate this MOU Agreement if CFCOC INTERMEDIARY has breached a material 31 term of this MOU Agreement and cure is not possible; or 32 c. If neither termination nor cure is feasible, COUNTY shall report the violation to the 33 Secretary of the Department of Health and Human Services. 334 2. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOCINTERMEDIARY, 35 or created or received by CFCOC INTERMEDIARY on behalf of COUNTY, shall either be destroyed or 36 returned to COUNTY as provided in the Termination paragraph Paragraph of this Agreement, and in conformity 37 with the Privacy Rule. 1 a. This provision shall apply to PHI that is in the possession of subCFCOCs subINTERMEDIARYs or 2 agents of CFCOCINTERMEDIARY. 3 b. CFCOC INTERMEDIARY shall retain no copies of the PHI. 4 c. In the event that CFCOC INTERMEDIARY determines that returning or destroying the PHI is 5 infeasible, CFCOC INTERMEDIARY shall provide to COUNTY notification of the conditions that make return 6 or destruction infeasible. Upon joint determination by COUNTY and INTERMEDIARY that return or 7 destruction of PHI is infeasible, CFCOC INTERMEDIARY shall extend the protections of this MOU Agreement to 8 such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or 9 destruction infeasible, for so long as CFCOC INTERMEDIARY maintains such PHI.PHI.V. Compliance

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOUContract, the MOU Contract shall only terminate when all of the PHI provided by COUNTY County to CFCOCHASC, or created or received by CFCOC HASC on behalf of COUNTYCounty, is destroyed or returned to COUNTYCounty, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination Termination provisions of this SubparagraphSection. 2. In addition to the rights and remedies provided in the Termination paragraph of this AgreementContract, upon COUNTYCounty’s knowledge of a material breach by CFCOC HASC of the requirements of this Paragraphparagraph, COUNTY County shall either: a. Provide an opportunity for CFCOC HASC to cure the material breach or end the violation and terminate this MOU Contract if CFCOC HASC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU Contract if CFCOC HASC has breached a material term of this MOU Contract and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY County shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this AgreementContract, all PHI provided by COUNTY County to CFCOCHASC, or created or received by CFCOC HASC on behalf of COUNTYCounty, shall either be destroyed or returned to COUNTY County as provided in the Termination paragraph of this AgreementContract, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs subcontractors or agents of CFCOCHASC. b. CFCOC HASC shall retain no copies of the PHI. c. In the event that CFCOC HASC determines that returning or destroying the PHI is infeasible, CFCOC HASC shall provide to COUNTY County notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY County that return or destruction of PHI is infeasible, CFCOC HASC shall extend the protections of this MOU Contract to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as CFCOC HASC maintains such PHI. County of Orange Health Care Agency B-10 MA-042-1201042115011466 A. GENERAL PROVISIONS AND RECITALS 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall have the same meaning given to such terms under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between HASC and County arises to the extent that HASC performs, or delegates to subcontractors to perform, functions or activities on behalf of County pursuant to, and as set forth in, the Contract MA-042-13011673 that are described in the definition of “Business Associate” in 45 CFR § 160.103. 3. The County wishes to disclose to HASC certain information pursuant to the terms of the Contract MA-042-13011673, some of which may constitute Protected Health Information (“PHI”), as defined below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the Contract MA-042-13011673. 4. The parties intend to protect the privacy and provide for the security of PHI that may be created, received, maintained, transmitted, used, or disclosed pursuant to the Contract MA-042- 13011673 in compliance with the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, and the HIPAA regulations as they may exist now or be hereafter amended. 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 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in Subparagraphs B.9 and B.14, apply to HASC in the same manner as they apply to a covered entity (County). HASC 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, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Contract MA-042-13011673.