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2009-059 Health - Robert E. Dupuis Contract for Pharmacy Services for the Orange County Health Department
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2009-059 Health - Robert E. Dupuis Contract for Pharmacy Services for the Orange County Health Department
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Last modified
10/5/2009 11:34:24 AM
Creation date
10/5/2009 11:34:22 AM
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BOCC
Date
6/2/2009
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
4o
Document Relationships
Agenda - 06-02-2009 - 4o
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 06-02-2009
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BUSINESS ASSOCIATE AGREEMENT <br />This Agreement is made effective the 1St Day of July 2009, by and between Orange <br />County Government, Health Department, hereinafter referred to as "Covered Entity", and <br />Robert Dupuis, Pharm D, BCPS, hereinafter referred to as "Business Associate," (individually, a <br />"Party" and collectively, the "Parties"). <br />WITNESSETH: <br />WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and <br />Accountability Act of 1996, Public Law 104-191, known as "the Administrative Simplification <br />provisions," direct the Department of Health and Human Services to develop standards to <br />protect the security, confidentiality and integrity of health information; and <br />WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health <br />and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 (the "HIPAA <br />Privacy Rule"); and <br />WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby <br />Business Associate will provide certain services to Covered Entity, and, pursuant to such <br />arrangement, Business Associate may be considered a "business associate" of Covered Entity as <br />defined in the HIPAA Privacy Rule (the agreement evidencing such arrangement is entitled <br />"Contract for Pharmacy Services for the Orange County Health Department" dated July 1, 2009- <br />June 30, 2010, and is hereby referred to as the "Arrangement Agreement"); and <br />WHEREAS, Business Associate may have access to Protected Health Information (as <br />defined below) in fulfilling its responsibilities under such arrangement; <br />THEREFORE; in consideration of the Parties' continuing obligations under the <br />Arrangement Agreement, the Parties agree to the provisions of this Agreement in order to <br />address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. <br />DEFINITIONS <br />Except as otherwise defined herein, terms used in this Agreement shall have the same meaning <br />as those terms set forth in the HIPAA Privacy Rule. <br />II. CONFIDENTIALITY REQUIREMENTS <br />(a) Business Associate shall: <br />(i) use or disclose any protected health information solely as <br />permitted or required by this Agreement, the Arrangement Agreement (if <br />consistent with this Agreement and the HIPAA Privacy Rule), or as required by law. <br />(ii) ensure that its agents, if any, including a subcontractor, to whom it <br />provides protected health information received from or created by Business <br />Associate on behalf of Covered Entity, agrees to the same restrictions and <br />conditions that apply to Business Associate with respect to such information. In <br />addition, Business Associate agrees to take reasonable steps to ensure that its <br />employees' actions or omissions do not cause Business Associate to breach the <br />terms of this Agreement; <br />Page 1 of 4 <br />S:\Managers Working Files\Contracis\PHARMACY\FY 2010\09-10 OCBAA with Dupuis.doc <br />
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