2008-065 Health - UNC Medicine and Health Dept

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BUSINESS ASSOCIATE AGREEMENT This Agreement is made effective the 1~t Day of July, 2447, by and between Orange County Government, Health Department, hereinafter referred tv as "Covered Entity",and UNC Department of Family Medicine, hereinafter referred tv as "Business Associate," individually, a "Party" and collectively, the "Parties"}. wITNESSETH: WHEREAS, Sections Z61 through X64 of the federal Health Insurance Portability and Accountability Act o ~ 996, Public Law ~ 44191, known as "the Administrative Simpii~cation provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information; and WHEREAS, pursuant tv the Administrative Simplification provisions, the .Secretary of Health and Human Services has issued regulations modifying 45 CFR Parts 164 and 164 the "HIPAA Privacy Rule"}; and WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement, Business Associate may be considered a "business associate" of Covered Entity as defined in the HIPAA Privacy Rule the agreement evidencing such arrangement is entitled "Agreement far Medical Director Services Between the County of Grange Health Department and the Department of Family Medicine, University of North Carolina at Chapel Hill," dated July 1, 2447wJune 34, 2448, and is hereby referred to as the "Arrangement Agreement"}; and WHEREAS, Business Associate may have access to Protected Health Information has defined below} in fulfilling its responsibilities under such arrangement; THEREFORE, inconsideration vfthe Parties' continuing obligations under the Arrangement Agreement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy , Rule a,nd to protect the interests of both Parties. , DEFINITIONS Except as otherwise defined herein, terms used in this Agreement shall have the same meaning as those terms set forth in the H I PAA Privacy Rule. ll. CONFIDENTIALITY REQUIREMENTS ~a} Busrrress Associate s~ra11: . ~i} use or disclose any protected health information solely as permitted or required by this Agreement, the Arrangement Agreement cif consistent with this Agreement and the HIPAA Privacy Rule}, or as required bylaw. iii} ensure that 'its agents, including a subcontractor, to whore it provides protected health information received from or created by Business Associate vn behalf of Covered entity, agrees to the same restrictions and conditions that apply to Business Associate with respect to such information. In addition, Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause Business Associate to breach the terms of this Agreement; viii} implement appropriate safeguards to prevent use or disclosure of protected health information ether than as permitted or required by this Agreement; Div} permit the Secretary of Health and Human Services to audit Business Associate's records and practices related to use and disclosure of protected health information tv ensure Covered Entity's compliance with the terms of the HIPAA Privacy Rule; ~v} report tv Covered Entity any use or disclosure of protected health information which is not in compliance with the terms of this Agreement of which it becomes aware; and 47-0$ oCBAA with UNC ~N[ Pale ~ of ~