Covered Entity and Business Associate are parties to a contract entitled (identify contract) IN HOME AID SERVICE CONTRACT NO. 18308-09/13-168 amendment 1 (the “Contract”), whereby Business Associate agrees to perform certain services for or on behalf of Covered Entity.
Covered Entity and Business Associate shall mutually agree in advance upon the scope, timing, and location of any such inspection.
Covered Entity and Business Associate recognize that unsecured PHI may contain the social security numbers, financial account information or driver's license number or non-driver identification card number (“private information” as defined in the New York State Information Security Breach and Notification Act, as amended (“ISBNA”), General Business Law § 889-aa; State Technology Law § 208). Subject to the issue of interim final regulations by the Secretary and any periodic updates thereof all of which are incorporated by reference in this Agreement, in the event of a Breach of unsecured PHI containing an Individual’s private information, Business Associate shall, in addition to notifying Covered Entity as required under in subparagraph 2.1(c), comply with the provisions of the New York State ISBNA. Business Associate shall be liable for the costs associated with such Breach if caused by the Business Associate’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Business Associate’s agents, officers, employees or subcontractors.
