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Exhibit A <br /> BUSINESS ASSOCIATE AGREEMENT <br /> This Business Associate Agreement("Agreement')is by and between Marshall County Hospital("Covered <br /> Entity")and Starpoint Global Services("Business Associate"). <br /> RECITALS <br /> WHEREAS, Covered Entity has engaged Business Associate to perform services or provide <br /> goods,or both; <br /> WHEREAS, Covered Entity possesses Individually Identifiable Health Information that is <br /> protected under HIPAA and the HIPAA Regulations, and is permitted to use or disclose such information <br /> only in accordance with HIPAA and the HIPAA Regulations; <br /> WHEREAS,Business Associate may receive such information from Covered Entity,or create and <br /> receive such information on behalf of Covered Entity, in order to perform certain of the services or provide <br /> certain of the goods,or both;and <br /> WHEREAS,Covered Entity wishes to ensure that Business Associate will appropriately safeguard <br /> Individual Identifiably Health Information; <br /> NOW THEREFORE,Covered Entity and Business Associate agree as follows: <br /> 1. Definitions. The parties agree that the following terms,when used in this Agreement,shall have <br /> the following meanings,provided that the terms set forth below shall be deemed to be modified to <br /> reflect any changes made to such terms from time to time as defined in HIPAA and the HIPAA <br /> Regulations. <br /> a."HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law <br /> 104-191. <br /> b."HIPAA Regulations" means the regulations promulgated under HIPAA by the United States <br /> Department of Health and Human Services, including, but not limited to, 45 C.F.R. Part 160 and <br /> 45 C.F.R.Part 164 subparts A and E("The Privacy Rule")and the Security Standards as they may <br /> be amended from time to time, 45 C.F.R. Parts 160, 162 and 164, Subpart C ("The Security <br /> Rule"). <br /> c."Business Associate"means,with respect to a Covered Entity,a person who: <br /> (1) on behalf of such Covered Entity or of an organized health care arrangement (as <br /> defined under the HIPAA Regulations) in which the Covered Entity participates, but <br /> other than in the capacity of a member of the workplace of such Covered Entity or <br /> arrangement,performs,or assists in the performance of: <br /> a) a function or activity involving the use or disclosure of Individually <br /> Identifiable Health Information, including claims prOCTOsing or <br /> administration, data analysis, prOCTOsing or administration, utilization review, <br /> Page 14 <br />