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Consolidsbd Ap~eement . FioN <br />Page 16 of t9 <br />NORTH CAROLINA <br />DEPARTMENT OF HEALTA AND HiIMAN SERVICES <br />BU5IQVESS ASSOCIATE ADDENDUM TO MEMORANDUM OF UNDERSTANDING <br />This Agreement is made effective the 1st day of July, 2009, by and between <br />~'ro~~~ Cpt;~~ ~.Q,a~r•l'tir~ <br />(name of Local Health Department or" overod Entity") and the Division of blic Health ("Business Associate") <br />(collectively the "Parties"). <br />1. BACKGROUND <br />a. Covered Entity and Business Associate are parties to a Memorandum of Understanding "entitled" The FYZ009 <br />Coasvtldated Agreantent (the "MOU'~, whereby Business Associate agrees to perform certain services for or <br />on behalf of Covered Entity. <br />b. Covered Entity is an organizational unit of the North Carolina DepaRmeat of Health and Human Services (the <br />"Department") that has been designated in whole or in part by the Department as a health care component for <br />purposes of the HIPAA Privacy and Security Rules. <br />c. The relationship between Covered Entity and Business Associate is such that the Parties believe Business <br />Associate is or may be a "business associate" within the meaning of the HIPAA Privacy and Security Rules. <br />d The Parties enter into this Business Associate Addendum to the MOU with the intention of complying with the <br />HIPAA Privacy and Security Rules provision that a covered entity may disclose electronic protected health <br />information or other protected health information to a business associate, and may allow a business associate to <br />create or receive electronic protected health information or other protected heath information on its behalf, if the <br />covered entity obtains satisfactory assurances that the business associate will appropriately safeguard the <br />information. <br />2. DEFINITIONS. <br />Unless some other meaning is clearly indicated by the context, the following terms shall have We following meaning in <br />this Agreement: <br />a. "Electronic Protected Health Infonanation" stall have the same meaning as the term "electronic protected health <br />information" in 45 CFR 160.103, limited to the information created or received by Business Associate fivm or <br />on behalf of a Covered Entity. <br />h. "HIPAA"means the Administrative Simplification Provisions, Sections 261 through 264, of the federal Health <br />Insurance Portability and Accountability Act of 1996, Public Law 104191. <br />e. "Indevidual" shall have the same meaning as the term "individual". in 45 CFR 160.103 and shag include a person <br />who qualities as a personal representative in accordance with 45 CFR 164.502(g). <br />d. "Privacy and Security Rules" shall mean the Standards for Privacy of Individually Identifiable Health <br />Information and Security Standards for the Protection of Elxtronic Protected Health Information in acxordance <br />with 45 CFR part 160 and part 164, subparts A and E. <br />e: "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 <br />CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered <br />Entity. <br />"Required By Law" shall have the same meaning as the term "required by law" in 45 CFR 164.103. <br />g. "Seeretary" shall mean the Secretary of the United States Department of Health and Human Services ~ tus <br />