2005 NS Health Renewal of Consolidated Agreement Between Human Services

Browse Search

Consolidated Agreement - Final NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES BUSINESS ASSOCIATE ADDENDUM TO CONSOLIDATED AGREEMENT 1-7 This Agreement is made effective the first day of July, 2005, by and between the Division of Public Health and (name of local health department) ( "Covered Entity ") (collectively the "Parties "). 1. BACKGROUND a. Covered Entity and Business Associate are parties to a Consolidated Agreement and Agreement Addenda (CAAA), whereby Business Associate agrees to perform certain services for or on behalf of Covered Entity. b. Business Associate is an organizational unit of the North Carolina Department of Health and Human Services (the "Department "). Covered Entity is a governmental entity. c. The relationship between Covered Entity and Business Associate is such that the Parties believe Business Associate is or may be a "business associate" within the meaning of the HIPAA Privacy Rule. d. The Parties enter into this Business Associate Addendum to the CAAA with the intention of complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected health information to a business associate, and may allow a business associate to create or receive protected health information on its behalf, if the covered entity obtains satisfactory assurances that the business associate will appropriately safeguard the information. 2. DEFINITIONS Unless otherwise clearly indicated by the context, the following terms shall have the following meaning in this Agreement: a. " HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191. b. "Individual" shall have the same meaning as the term "individual" in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). c. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. d. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity. e. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR 164.501. f. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his/her designee. g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning as those terms have in the Privacy Rule.