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26 <br />Contract #68 -2012 <br />CNC /Access, Inc. d/b /a ResCare HomeCare <br />ATTACHMENT I <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 CNC /Access, Inc. d/b /a ResCare HomeCare. (`Business <br />Associate ") (collectively the "Parties "). <br />1. BACKGROUND <br />a. Covered Entity and Business Associate are parties to a contract entitled #68 -2012 (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 and Security Rules. <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 and Security Rules. <br />d. The Parties enter into this Business Associate Addendum to the Contract with the <br />intention of complying with the HIPAA Privacy and Security Rules provision that a <br />covered entity may disclose electronic protected health information or other protected <br />health information to a business associate, and may allow a business associate to create or <br />receive electronic protected heath information or other protected health information on its <br />behalf, if the covered entity obtains satisfactory assurances that the business associate <br />will appropriately safeguard the information. <br />2. DEFINITIONS <br />Unless some other meaning is clearly indicated by the context, the following terms shall have <br />the following meaning in this Agreement: <br />a. "Electronic Protected Health Information" shall have the same meaning as the term <br />"electronic protected health information" in 45 CFR 160.103, limited to the information <br />created or received by Business Associate from or on behalf of Covered Entity. <br />b. " 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 />c. "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 />d. "Privacy and Security Rules" shall mean the Standards for Privacy of Individually <br />Identifiable Health Information and the Security Standards for the Protection of <br />Electronic Protected Health Information set out in 45 CFR part 160 and part 164, <br />subparts A and E. <br />e. "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 />Contract -Scope of Work (07/08) Page lof 5 <br />