2012-038 Human Resources - Delta Dental Claims & Administrative fees

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J. "Minimum Necessary" shall have the meaning set forth in the Health Information Technology for Economic and Clinical Health Act, § 13405(b) K. "ParticipanY' means any Individual who is an employee of the Plan Sponsor and is entitled to benefits under the Plan. L. "Plan" means the Contractor's Benefit Plan as named in the Contractor's ERISA Plan documents. Whenever reference is made in this Addendum to actions or undertakings of the Plan, to reports or information provided by the Business Associate to the Plan or to instructions to the Business Associate from the Plan, the reference to the Plan shall be to the person or entity designated in the Plan documents as having responsibility for Plan administration, or, if no designation is made therein, the Plan Sponsor. In short, the reference is to a person or enrity with authority to act or speak on behalf of the Plan. M. "Plan Sponsor" means the Contractor. The Plan Sponsor is neither a Covered Entity nor a Business Associate. N. "Privacy Rule" means the "Standards for Privacy of Individually Identi~able Health Information," at 45 CFR parts 160 and 164, subparts A and E, as promulgated pursuant to HIPAA. O. "Protected Health Information" or "PHI" shall have the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created, received, or accessed by Business Associate from or on behalf of the Plan. P. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR 164.103. Q. "Secretar~' shall mean the Secretary of the Department of Health and Human Services, or his designee. R. "Security Rule" means the "Standards for the Security of Electronic Protected Health Information," at 45 CFR parts 160, 162 and 164, as promulgated pursuant to HII'AA. III. AGREEMENTS A. Oblieations of Business Associate. 1. Application of Security Rule and Privacy Rule to Business Associate. The administrative, physical and technical safeguards set forth in the HIPAA Security Rule at 45 CFR 164.308, 164.310, 164312, and 164.316, shall apply to Business Associate in the same manner that such sections apply to a covered entity. The additional requirements of Subtitle D of the HITECH Act (Sections 13400 through 13411) that relate to privacy or security and that are made applicable with respect to covered entities shall also be applicable to Business Associate and are hereby incorporated into this Agreement. 2. Uses and Disclosures. Business Associate shall not use or further disclose PHI other than (a) as permitted or required by this Agreement and Addendum, (b) as permitted or required by the Plan documents, (c) as permitted or required by the Pri~+acy Rule, (d) as Required by Law, (e) in a manner that would be pernussible if used or disclosed by the Plan, or (fl in a manner that would not violate the Privacy Rule or other applicable federal or state law or regulation. Business Associate may use and disclose PHI that Business Associate obtains or creates only if such use or disclosure, respecrively, is in compliance with each applicable requirement of 45 CFR 164.504(e). 3. Minimum Necessary Staadard. Business Associate shall use and disclose PHI in a manner minimally necessary to accomplish the intended purpose of the use or disclosure. Business Associate shall be responsible for making minimum necessary determinations. 4. Security. Business Associate agrees to (a) implement safeguards in accordance with the Security Rule that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Plan, (b) ensure that any agent, including subcontractor, to whom Business Associate provides PHI agrees to implement reasonable and appropriate safeguards in accordance with the Security Rule to protect the PHI, and (c) report to the Plan any violation of the Security Rule of which it becomes aware. Page 2 of 8 Exhibi~ C- North Carolina - BA Adderdum 9/201 I