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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 1st day of July , 20012, 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 />