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BUSINESS ASSOCIATE AGREEMENT <br /> This Agreement is made effective the 1st of July, 2013, by and between Orange County on <br /> behalf of the Orange County Health Department, hereinafter referred to as"Covered Entity", and Zan <br /> Thein Tun, hereinafter referred to as "Business Associate," (individually, a "Party" and collectively, the <br /> "Parties"). <br /> WITNESSETH: <br /> WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and <br /> Accountability Act of 1996, Public Law 104-191, known as "the Administrative Simplification provisions," <br /> direct the Department of Health and Human Services to develop standards to protect the security, <br /> confidentiality and integrity of health information; and <br /> WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and <br /> Human Services has issued regulations modifying 45 CFR Parts 160 and 164 (the "HIPAA Security and <br /> Privacy Rule"); and <br /> WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby <br /> Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement, <br /> Business Associate may be considered a "business associate" of Covered Entity as defined in the <br /> HIPAA Security and Privacy Rule (the agreement evidencing such arrangement is entitled Countywide <br /> Interpreter/Translator Contract($15,000 or less) , dated July 1, 2013, and is hereby referred to as the <br /> "Arrangement Agreement"); and <br /> WHEREAS, Business Associate may have access to Protected Health Information (as defined <br /> below) in fulfilling its responsibilities under such arrangement; <br /> THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement <br /> Agreement, the Parties agree to the provisions of this Agreement in order to address the requirements <br /> of the HIPAA Security and Privacy Rule and to protect the interests of both Parties. <br /> I. DEFINITIONS <br /> Except as otherwise defined herein, terms used in this Agreement shall have the same meaning <br /> as those terms set forth in the HIPAA Security and Privacy Rule. <br /> II. CONFIDENTIALITY REQUIREMENTS <br /> (a) Business Associate shall: <br /> (i) use or disclose any protected health information solely as permitted or <br /> required by this Agreement, the Arrangement Agreement(if consistent <br /> with this Agreement and the HIPAA Security and Privacy Rule), or as <br /> required by law. <br /> (ii) ensure that its agents, including a subcontractor, to whom it provides <br /> protected health information received from or created by Business <br /> Associate on behalf of Covered Entity, agrees to the same restrictions <br /> and conditions that apply to Business Associate with respect to such <br /> 2 <br />