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Contract#68-2010 <br /> TAMM,L.L.C.dba Right at Home—Durham/Chapel Hill <br /> ATTACHMENT <br /> BUSINESS ASSOCIATE ADDENDUM <br /> Orange County Department of Social Services and Orange County Department on Aging <br /> This Agreement is made effective the_day of , 200_, by and between Orange <br /> County ("Covered Entity") and TAMM, L.L.C. dba Right at Home — Durham/Chapel Hill <br /> ("Business Associate") (collectively the"Parties"). <br /> 1. BACKGROUND <br /> a. Covered Entity and Business Associate are parties to a contract entitled #68-2010 (the <br /> "Contract'), whereby Business Associate agrees to perform certain services for or on <br /> behalf of Covered Entity. <br /> b. Covered Entity is an organizational unit of Orange County (the "County") that has been <br /> designated in whole or in part by the County as a health care component for purposes of <br /> the HIPAA Privacy Rule. <br /> c. The relationship between Covered Entity and Business Associate is such that the Parties <br /> believe Business Associate is or may be a "business associate" within the meaning of the <br /> HIPAA Privacy Rule. <br /> d. The Parties enter into this Business Associate Addendum to the Contract with the <br /> intention of complying with the HIPAA Privacy Rule provision that a covered entity may <br /> disclose protected health information to a business associate, and may allow a business <br /> associate to create or receive protected heath information on its behalf, if the covered <br /> entity obtains satisfactory assurances that the business associate will appropriately <br /> safeguard the information. <br /> 2. DEFINITIONS <br /> Unless some other meaning is clearly indicated by the context, the following terms shall have the <br /> following meaning in this Agreement: <br /> a. "HIPAA"means the Administrative Simplification Provisions, Sections 261 through 264, <br /> of the federal Health Insurance Portability and Accountability Act of 1996, Public Law <br /> 104-191. <br /> b. "Individual" shall have the same meaning as the term "individual" in 45 CFR160.103 and <br /> shall include a person who qualifies as a personal representative in accordance with 45 <br /> CFR 164.502(g). <br /> c. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health <br /> Information at 45 CFR part 160 and part 164, subparts A and E. <br /> d. "Protected Health Information" shall have the same meaning as the term "protected <br /> health information" in 45 CFR 160.103, limited to the information created or received by <br /> Business Associate from or on behalf of Covered Entity. <br /> e. "Required By Law" shall have the same meaning as the term "required by law" in 45 <br /> CFR 164.103. <br /> Contract-HIPAA(06/04) Page 1 of 4 <br />