Orange County NC Website
BUSINESS ASSOCIATE AGREEMENT <br />This Agreement is made effective the 15~ of July, 2003, by and between UNC Hospitals, <br />hereinafter referred to as "Covered Entity", and the Orange County, North Carolina, on behalf of its <br />Department of Social Services Medicaid Program, hereinafter referred to as "Business Associate", <br />(individually, a "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 provisions," <br />direct the Department of Health and Human Services to develop standards to protect the security, <br />confidentiality and integrity of health information; and <br />WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and <br />Human Services has issued regulations modifying 45 CFR Parts 160 and 164 (the "HIPAA Privacy <br />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 arrangement, <br />Business Associate may be considered a "business associate" of Covered Entity as defined in the <br />HIPAA Privacy Rule (the agreement evidencing such arrangement is described on Exhibit A attached <br />hereto and made a part hereof, and is hereby referred to as the "Arrangement Agreement"); and <br />WHEREAS, Business Associate may have access to Protected Health Information (as defined <br />below) in fulfilling its responsibilities under such arrangement; <br />THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement <br />Agreement, compliance with the HIPAA Privacy Rule, and for Ten and 00/100s Dollars ($10.00) and <br />other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA <br />Privacy Rule and to protect the interests of both Parties. <br />DEFINITIONS <br />Except as otherwise defined herein, any and all capitalized terms in this Section shall have the <br />definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions <br />of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA <br />Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in <br />the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of <br />this Agreement shall control. <br />The term "Individually Identifiable Health Information" means health information (including demographic <br />information collected from an individual) that <br />(a) Is created or received by a health care provider, health plan, employer, or health care <br />clearinghouse; and <br />(b) Relates to the past, present, or future physical or mental health or condition of an <br />individual; the provision of health care to an individual; or the past, present, or future payment for the <br />provision of health care to an individual; and <br />(i) That identifies the individual; or <br />