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EXHIBIT C <br />BUSINESS ASSOCIATE ADDENDUM <br />THIS BUSINESS ASSOCIATE ADDENDUM ("the ADDENDUM") is an addendum to the most recently executed <br />Agreement between Delta Dental of North Carolina ("Business Associate") and Contractor ("Plan Sponsor"). This <br />Addendum is also entered into by and between Business Associate, the Plan Sponsor, and the Contractor's Benefit Plan as <br />named in the Contractor's ERISA Plan documents (the "Plan"). Business Associate, the Plan Sponsor, and the Plan are <br />sometimes coliecrively referred to herein as the "Parties." This Addendum is effective on the same date as the Contract <br />attached hereto. <br />I. INTRODUCTION <br />A. WHEREAS, pursuant to the terms and conditions set forth in the Agreement, Business Associate performs, for <br />or on behalf of the Plan, certain services described in the Agreement (the "Services'~; and <br />B. WHEREAS, in performing the Services, Business Associate will receive, create, or access certain Protected <br />Health Information of Participants or Beneficiaries covered under the Plan, and, accordingly, is a"Business <br />Associate" as defined in the Privacy Rule; and <br />C. WHEREAS, the Plan is a"Covered Entity" within the meaning of the Privacy Rule; and <br />D. WHEREAS, the Parties desire to enter into this Addendum to comply with the provisions in the Privacy Rule <br />requiring a Business Associate to provide adequate assurances to a Covered Entity with respect to the <br />confidenriality of PHI. <br />E. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby <br />aclmowledged, the Parties hereby agree as follows: <br />II. DEFINITIONS <br />A. "Beneficiary" means any Individual entitled to benefits under the Plan by virtue of being a covered dependent of <br />a Participant. <br />B. "Business Associate" shall have the same meaning as the term "business associate" in 45 CFR 160.103. Delta <br />Dental is a Business Associate of the Plan. <br />C. "Covered Enrity" shall have the same meaning as the term "covered entit}~' in 45 CFR 160.103. The Plan is a <br />Covered Enrity. <br />D. "Designated Record SeY' shall have the same meaning as the term "designated record set" in 45 CFR 164.501 <br />limited to a group of records maintained by or for the Plan that includes (a) enrollment, payment, and claims <br />adjudication record of an Individual maintained by or for the Plan, (b) other Protected Health Informarion used, <br />in whole or in part, by or for the Plan to make coverage decisions about an Individual. <br />E. "Electronic Protected Health Information" or "EPHI" shall have the same meaning as the term "electronic <br />protected health information," at 45 CFR 160.103, limited to the electronic protected health information that is <br />created, received, maintained, or ttansmitted to or on behalf of the Plan. <br />F. "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. <br />G. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended. <br />H. "HITECH Act " means the Health Information Technology for Economic and Clinical Health Act, found in <br />the American Recovery and Reinvestment Act of 2009 at Division A, title XIII and Division B, Title IV. <br />I. "Individual" shall have the same meaning as the term "individual" in 45 CFR 160.103, and shall include a <br />person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). <br />Page 1 of 8 <br />Exhibii C- Nonh Carolina - BA Addendum 92011 <br />