Common use of GENERAL PROVISIONS AND RECITALS Clause in Contracts

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. 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 in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in subparagraph B below, shall have the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 CFR Parts 160 and 164 HIPAA regulations as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it they may exist now or be hereafter amended. 2. It is agreed by both The parties agree that COMMISSION is a Business Associate business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY for pursuant to, and as set forth in, the purposes Agreement that are described in the definition of this MOU“Business Associate” in 45 CFR § 160.103. 3. It is understood The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute 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 Agreement. 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 Agreement 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 both 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 Privacy Rules B.14, apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall CONTRACTOR agrees therefore to be in compliance at all times be in compliance with the terms of this Business Associate Contract and the applicable provisions standards, implementation specifications, and requirements 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 may 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, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.

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) HIPAA as it may exist now or be hereafter amended. 2. It is agreed by both parties that COMMISSION CONTRACTOR is a Business Associate of COUNTY for the purposes of this MOUAgreement. 3. It is understood by both parties that the Health Information Technology for Economic and Clinical Health Act (“HITECH”) made certain provisions of the HIPAA Security and Privacy Rules apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION 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 Subparagraphs B.4. and B.5. below, and is responsible for complying with the issued regulations for said rulesrules to the extent applicable to CONTRACTOR, as they currently exist or are hereafter amended, for purposes of safeguarding any Protected Health Information (PHI) used or generated by COMMISSION CONTRACTOR consistent with the terms of this MOUagreement. 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 CONTRACTOR pursuant to the terms of this MOUAgreement, some of which may constitute PHI as defined in Subparagraph B.6. below. 6. COUNTY and COMMISSION CONTRACTOR intend to protect the privacy and provide for the security of PHI disclosed to the COMMISSION CONTRACTOR pursuant to this MOUAgreement, 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. 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 in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in subparagraph B below, shall have the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 CFR Parts 160 and 164 HIPAA regulations as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it they may exist now or be hereafter amended. 2. It is agreed by both The parties agree that COMMISSION is a Business Associate business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY for pursuant to, and as set forth in, the purposes Agreement that are described in the definition of this MOU“Business Associate” in 45 CFR § 160.103. 3. It is understood The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute 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 Agreement. 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 Agreement 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 both 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 Privacy Rules B.14, apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall CONTRACTOR agrees therefore to be in compliance at all times be in compliance with the terms of this Business Associate Contract and the applicable provisions standards, implementation specifications, and requirements 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 may 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, DocuSign Envelope ID: 991D3147-3765-4E10-8EFB-7344B2362C4D with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.

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 in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in subparagraph B below, shall have the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 CFR Parts 160 and 164 HIPAA regulations as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it they may exist now or be hereafter amended. 2. It is agreed by both The parties agree that COMMISSION is a Business Associate business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY for pursuant to, and as set forth in, the purposes Agreement that are described in the definition of this MOU“Business Associate” in 45 CFR § 160.103. 3. It is understood The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute 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 Agreement. 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 Agreement 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 both 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 Privacy Rules B.14, apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall CONTRACTOR agrees therefore to be in compliance at all times be in compliance with the terms of this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, and the applicable provisions standards, implementation specifications, and requirements 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 may 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, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.

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 in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in Subparagraph B below, shall have the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 CFR Parts 160 and 164 HIPAA regulations as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it they may exist now or be hereafter amended. 2. It is agreed by both The parties agree that COMMISSION is a Business Associate business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY for pursuant to, and as set forth in, the purposes Agreement that are described in the definition of this MOU“Business Associate” in 45 CFR § 160.103. 3. It is understood The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute 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 Agreement. 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 Agreement 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 both 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 Privacy Rules B.14, apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall CONTRACTOR agrees therefore to be in compliance at all times be in compliance with the terms of this Business Associate Contract and the applicable provisions standards, implementation specifications, // 1 of both 15 EXHIBIT B X:\CONTRACTS - 2014 -\2014-2015\BH\CRISIS RES-ADULT-TELECARE-14-15- NE.DOC TEL02MHKK15 11 22 33 44 55 66 77 88 99 1010 111 1212 1313 1414 1515 1616 1717 1818 1919 2020 2121 222 2323 2424 2525 2626 2727 2828 2929 3030 3131 3232 333 3434 3535 3636 3737 and requirements of 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 may 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, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.

GENERAL PROVISIONS AND RECITALS. The parties acknowledge that any information and client data regarding the services provided by COUNTY to COMMISSIONCFCOC, 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 COMMISSIONCFCOC, 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 CFCOC 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 CFCOC in the same manner as they apply to the covered entity (COUNTY). COMMISSION CFCOC 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 Page 1 of 148 Health Information (PHI) used or generated by COMMISSION CFCOC 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 CFCOC pursuant to the terms of this MOU, some of which may constitute PHI as defined in Subparagraph B.6. below. 6. COUNTY and COMMISSION CFCOC intend to protect the privacy and provide for the security of PHI disclosed to the COMMISSION CFCOC 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. 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 in the Common Terms and Definitions Paragraph of Exhibit A, B, and C to the Agreement or in Subparagraph B below, shall have the same meaning given to such terms under HIPAA, the HITECH Act, and their implementing regulations at 45 CFR Parts 160 and 164 HIPAA regulations as those terms in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as it they may exist now or be hereafter amended. 2. It is agreed by both The parties agree that COMMISSION is a Business Associate business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY for pursuant to, and as set forth in, the purposes Agreement that are described in the definition of this MOU“Business Associate” in 45 CFR § 160.103. 3. It is understood The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute 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 Agreement. 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 Agreement 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 both 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 Privacy Rules B.14, apply to the COMMISSION CONTRACTOR in the same manner as they apply to the covered entity (COUNTY). COMMISSION shall CONTRACTOR agrees therefore to be in compliance at all times be in compliance with the terms of this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, and the applicable provisions standards, implementation specifications, and requirements 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 may 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, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement.