2008-065 Health - UNC Medicine and Health Dept

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BUSINESS ASSOCIATE AGREEMENT This A regiment is made effective the ~~~ Day of July, 2007', by and between Grange County 9 Government Health De artment, hereinafter referred to as "Covered Entity", and UNC Department of Family~~ • • ~ p sociate " individuall , a "Party" and collectively, the Parties }. Medicine, hereinafter referred tv as Business As , ~ Y w~T~~iw~~~T~ ^w VvHEREAS Sections 26~ through 264 of the federal Health Insurance Portability and Accountability Act of ~ 996 Public Law ~ 04-~ 9~, known as "the Administrative Simplification provisions," direct the Department o ~lth and Human Services to develop standards to protect the security, confident~al~ty and integrity of heap He information; and vIVHEREAS ursuant to the Administrative Simplification provisions, the Secretary of Health and Human ~p Services has issued regulations modifying 45 CFR Parts X69 and X64 4the "HIPAA Privacy Rule }; and v11HEREAS, the Parties wish to enter into ar have entered into art arrangement whereby Business date wil! rovide certain services to Covered Entity, and, pursuant to such arrangement, Business Associate Asso p ,~ ~ _~ d Entit as defined in the HIPAA Privacy Rule the may be considered a business associate of Covere~~ y ~ een the a regiment evidencing such arrangement is entitled Agreement for Medical Director Services Betw g ant of Gran a Health De artment and the Department of Family Medicine, University of North Carolina at Ca y g p l Hill "dated Jul ~ 2007~June 30, 2008, and is hereby referred to as the "Arrangement Agreement }, and Chape y , v1tHEREAS Business Associate may have access to Protected Health Information has defined below} in fulfilling its responsibilities under such arrangement; THEREFGRE inconsideration of the Parties' continuing obligations undertheArrangementAgreement, e Parties a ree to the revisions of this Agreement in order to address the requirements of the HIPAA nvacy th g p Rule and to protect the interests of bath Parties. DEFINITIGNS Exce t as otherwise defined herein, terms used in this Agreement shall have the same meaning as those terms p set forth in the HIPAA Privacy Rule. II. CGNFIDENTIALITYRFQUIREMENTS ~a} Buslrress Associate sv~a1l. muted or re aired ~i} use or disclose any protected health information solely as per q b this A regiment, the Arrangement Agreement cif consistent with this Agreement and the H1PAA y g Privacy Rule}, or as required bylaw. ' es rotected ii ensure that its agents, including a subcontractor, to whom it proved p ~ } ssvciate on behalf of Covered Entity, health information received from or created by Business A a rees to the same restrictions and conditions that apply to Business Associate with respect to g such information. In addition, Business Associate agrees to take reasonable steps tv ensure that its em to ees' actions or omissions do not cause Business Associate to breach the terms of this pY Agreement; iii im lament appropriate safeguards to prevent use or disclosure of protected ~ } p N this A regiment• health information other than as permitted or required by g , iv permit the Secretary of Health and Human Services to audit Business • ~ _~ ~ are of rotected health infarmat~on to Associate s records and practices related to use and disclas p ensure Covered Entity's compliance with the terms of the HIPAA Privacy Rule; v report to Covered Entity any use or disclosure of protected health information ~ } meat of which it becomes aware; and which is not in compliance with the terms of this Agree ' UNC FM Page ~ of 4 o7-os ocB~ with