Common use of GENERAL PROVISIONS AND RECITALS Clause in Contracts

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.

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 Contractor is a Business Associate of COUNTY 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 Contractor in the same manner as they apply to the covered entity (COUNTYCounty). CONTRACTOR 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 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 County wishes to disclose certain information to CONTRACTOR Contractor pursuant to the terms of this Agreement, some of which may constitute PHI as defined in Section B.6. below. 6. COUNTY County and CONTRACTOR Contractor intend to protect the privacy and provide for the security of PHI disclosed to the CONTRACTOR 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.