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Consolidated Agreement-FY 13 Page 16 Of 22 1 <br /> NORTH CAROLINA <br /> DEPARTMENT OF HEALTH AND HUMAN SERVICES <br /> BUSINESS ASSOCIATE ADDENDUM TO CONSOLIDATED AGREEMENT <br /> This Agreement i made effecti the 1st a of Jul ,2012,by and between <br /> (name of Local Health Deplitment or"Covered ntity") and the Division of Public Health("Business <br /> Associate") (collectively the"Parties"). <br /> 1. BACKGROUND <br /> a. Covered Entity and Business Associate are parties to a Memorandum of Understanding "entitled"The <br /> FY2013 Consolidated Agreement(the"MOU"),whereby Business Associate agrees to perform certain <br /> services for or on behalf of Covered Entity. <br /> b. Covered Entity is an organizational unit of the North Carolina Department of Health and Human Services <br /> (the "Department") that has been designated in whole or in part by the Department as a health care <br /> component for purposes of the HIPAA Privacy and Security Rules. <br /> c. The relationship between Covered Entity and Business Associate is such that the Parties believe Business <br /> Associate is or may be a"business associate"within the meaning of the HIPAA Privacy and Security Rules. <br /> d. The Parties enter into this Business Associate Addendum to the MOU with the intention of complying with <br /> the HIPAA Privacy and Security Rules provision that a covered entity may disclose electronic protected <br /> health information or other protected health information to a business associate,and may allow a business <br /> associate to create or receive electronic protected health information or other protected heath information <br /> on its behalf, if the covered entity obtains satisfactory assurances that the business associate will <br /> appropriately safeguard the information. <br /> 2. DEFINITIONS. <br /> Unless some other meaning is clearly indicated by the context, the following terms shall have the following <br /> meaning in this Agreement: <br /> a. "Electronic Protected Health Information"shall have the same meaning as the term"electronic protected <br /> health information" in 45 CFR 160.103, limited to the information created or received by Business <br /> Associate from or on behalf of a Covered Entity. <br /> b. "HIPAA"means the Administrative Simplification Provisions, Sections 261 through 264, of the federal <br /> Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. <br /> c. "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 /> d. "Privacy and Security Rules" shall mean the Standards for Privacy of Individually Identifiable Health <br /> Information and Security Standards for the Protection of Electronic Protected Health Information in <br /> accordance with 45 CFR part 160 and part 164, subparts A and E. <br /> e. "Protected Health Information"shall have the same meaning as the term"protected health information"in <br /> 45 CFR 160.103,limited to the information created or received by Business Associate from or on behalf of <br /> Covered Entity. <br /> f. "Required By Law"shall have the same meaning as the term"required by law"in 45 CFR 164.103. <br />