2012-417 EMS - EMS Management & Consultants for Update Business Associate Agreement in ref to HIPAA

Browse Search

Zola- BUSINESS ASSOCIATE AGREEMENT This [Amended and Restated] Business Associate Agreement (the "Agreement") is made effective the 15`day of September, 2012, by and between Orange County EMS, hereinafter referred to as "Covered Entity," and EMS Management & Consultants, Inc., hereinafter referred to as "Business Associate"(individually, a"Party"and collectively,the"Parties"). WITNESSETH: WHEREAS, the Parties wish to enter into a Business Associate Agreement to ensure compliance with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Privacy and Security Rules") (45 C.F.R. Parts 160 and 164) and the"Red Flag Rules"as found at 16 C.F.R. § 681.1 and applicable to creditors subject to the administrative enforcement of the FCRA by the Federal Trade Commission pursuant to 15 U.S.C. § 1681s(a)(1); and WHEREAS, the Health Information Technology for Economic and Clinical Health ("HITECH") Act of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, modified the HIPAA Privacy and Security Rules (hereinafter, all references to the "HIPAA Privacy and Security Rules" include all amendments thereto set forth in the HITECH Act and any accompanying regulations); and WHEREAS, the Parties have entered into a written or oral arrangement or arrangements (the "Agreements") whereby Business Associate will provide certain services to Covered Entity and,pursuant to such Agreements, Business Associate may be considered a "business associate" of Covered Entity as defined in the HIPAA Privacy and Security Rules; and WHEREAS, Business Associate may have access to Protected Health Information or Electronic Protected Health Information (as defined below) in fulfilling its responsibilities under the Agreements; [and WHEREAS, prior to enactment of the HITECH Act, Covered Entity and Business Associate previously entered into a Business Associate Agreement and now intend this Agreement to supersede the prior agreement in order to comply with the requirements of the HITECH Act;] and WHEREAS, Covered Entity wishes to comply with the HIPAA Privacy and Security Rules, and Business Associate wishes to honor its obligations as a Business Associate to Covered Entity; and WHEREAS, in the event that Business Associate is engaged to perform any activity in connection with any "covered account" of Covered Entity as defined in 16 C.F.R. § 681.1 (commonly referred to as the "Red Flag Rules" and applicable to any"creditor" or any "service provider" providing any service to such creditor with regard to a covered account), Business Associate agrees to fully adopt and comply with the Red Flag Rules as are currently in effect and as may be promulgated in the future, including but not limited to the adoption of a Red Flag program that is compliant with applicable federal regulations, and to take all necessary and appropriate steps to ensure that its activities are conducted in accordance with the Red Flag Rules designed to detect,prevent and mitigate the risk of identity theft. THEREFORE, in consideration of the Parties' continuing obligations under the Agreements, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Agreement.