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 45 CFR Parts 16 160 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 CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103.
22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract.
26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended.
30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI.
33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). XXXXXXXXXX agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter am...
GENERAL PROVISIONS AND RECITALS. 12 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and
GENERAL PROVISIONS AND RECITALS. A. All terms used, but not otherwise defined below herein, have the same meaning as in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and their implementing regulations at 45 CFR Parts 160 through 165 (“HIPAA regulations”) (collectively along with state law privacy rules as “HIPAA laws”) as they may exist now or be hereafter amended.
B. A business associate relationship under the HIPAA laws between Contractor and County arises to the extent that Contractor performs, or delegates to subcontractors to perform, functions or activities on behalf of County under the Agreement.
C. County wishes to disclose to Contractor certain information pursuant to the terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined by the HIPAA laws, to be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the Agreement.
D. 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 Agreement in compliance with the applicable standards, implementation specifications, and requirements of the HIPAA laws.
E. The HIPAA Privacy and Security rules apply to Contractor in the same manner as they apply to County. Contractor agrees therefore to be in compliance at all times with the terms of this Business Associate Agreement and the applicable standards, implementation specifications, and requirements of the Privacy and the Security rules with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.
GENERAL PROVISIONS AND RECITALS. 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.
GENERAL PROVISIONS AND RECITALS. 13 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and 14 Definitions Paragraph of Exhibit B to the Agreement or in Subparagraph B below, shall have the same 15 meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 16 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 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 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 PHI, as defined below in Subparagraph B.10, to 24 be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the 25 Agreement.
GENERAL PROVISIONS AND RECITALS. 19 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in Subparagraph B below, shall have 20 the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing 21 regulations at 45 CFR Parts 160 and 164 HIPAA regulations as they may exist now or be hereafter amended.
GENERAL PROVISIONS AND RECITALS. The parties acknowledge that any information and client data provided by COUNTY to COMMISSION, pursuant to this MOU, regarding the Services shall be in aggregate form and is not anticipated to include any individually identifiable information that would be considered Protected Health Information (PHI). However, in the event that PHI is required to be shared by COUNTY with COMMISSION, the following Business Associate Terms and Conditions shall apply.
1. The parties agree that the terms used, but not otherwise defined below, shall have the same meaning as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it may exist now or be hereafter amended.
2. It is agreed by both parties that COMMISSION is a Business Associate of COUNTY for the purposes of this MOU.
3. It is understood by both parties that the HIPAA Security and Privacy Rules apply to the COMMISSION in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall therefore at all times be in compliance with the applicable provisions of both the Privacy and the Security Rules as are described in Subparagraphs B.4. and B.5. below, and is responsible for complying with the issued regulations for said rules, as they currently exist or are hereafter amended, for purposes of safeguarding any Protected Health Information (PHI) used or generated by COMMISSION consistent with the terms of this MOU.
4. It is understood by both parties that the Privacy Rule does not pre-empt any state statutes, rules or regulations that impose more stringent requirements with respect to confidentiality of PHI.
5. COUNTY wishes to disclose certain information to COMMISSION pursuant to the terms of this MOU, some of which may constitute PHI as defined in Subparagraph B.6. below.
6. COUNTY and COMMISSION intend to protect the privacy and provide for the security of PHI disclosed to the COMMISSION pursuant to this MOU, in compliance with HIPAA and the regulations promulgated thereunder by the U.S. Department of Health and Human Services as they may now exist or be hereafter amended.
GENERAL PROVISIONS AND RECITALS. 13 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and 14 Definitions Paragraph of Exhibit A to this Contract or in Subparagraph B. below, shall have the same 15 meaning given to such terms under HIPAA, 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, 18 and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that 19 CONTRACTOR performs, or delegates to subcontractor to perform, functions or activities on behalf of 20 COUNTY pursuant to, and as set forth in this Contract that are described in the definition of “Business
GENERAL PROVISIONS AND RECITALS. 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, 1 and requirements of the Privacy and the Security rules, as they may exist now or be hereafter amended, 2 with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed 3 pursuant to the Agreement.
GENERAL PROVISIONS AND RECITALS. 1. The parties agree that the terms used, but not otherwise defined below, shall have the same meaning as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it may exist now or be hereafter amended.
2. It is agreed by both parties that CONTRACTOR is a Business Associate of COUNTY for the purposes of this Agreement.
3. It is understood by both parties that the HIPAA Security and Privacy Rules apply to the CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). CONTRACTOR shall therefore at all times be in compliance with the applicable provisions of both the Privacy and the Security Rules as are described in Sections B.4 and B.5. below, and is responsible for complying with the issued regulations for said rules, as they currently exist or are hereafter amended, for purposes of safeguarding any Protected Health Information (PHI) used or generated by CONTRACTOR consistent with the terms of this agreement.
4. It is understood by both parties that the Privacy Rule does not pre-empt any state statutes, rules or regulations that impose more stringent requirements with respect to confidentiality of PHI.
5. COUNTY wishes to disclose certain information to CONTRACTOR pursuant to the terms of this Agreement, some of which may constitute PHI as defined in Section B.6. below.
6. COUNTY and CONTRACTOR intend to protect the privacy and provide for the security of PHI disclosed to the CONTRACTOR pursuant to this Agreement, in compliance with HIPAA and the regulations promulgated thereunder by the U.S. Department of Health and Human Services as they may now exist or be hereafter amended.
