Orange County NC Website
quality assurance, billing, benefit management, practice management, and <br /> repricing;or <br /> b) any other function or activity regulated by the HIPAA Regulations;or <br /> (2) provides, other than in the capacity of a member of the workforce of such Covered <br /> Entity, legal, actuarial, accounting, consulting, Data Aggregation, management, <br /> administrative, accreditation, or financial services to or for such Covered Entity, or to or <br /> for and organized health care arrangement in which the Covered Entity participates, <br /> where the provision of the service involves the disclosure of Individually Identifiable <br /> Health Information from such Covered Entity or arrangement, or from another Business <br /> Associate of such Covered Entity or arrangement,to the person. <br /> d. "Individually Identifiable Health Information" means information that is a subset of health <br /> information,including demographic information collected from an individual,and; <br /> (1) is created or received by a health care provider, health plan, employer, or health care <br /> clearinghouse;and <br /> (2) relates to past, present, or future physical or mental health or condition of an <br /> individual; the provision of health care to an individual; or the past, present, or future <br /> payment for the provision of health care to an individual;and <br /> a)that identifies the individual;or <br /> b) with respect to which there is a reasonable cause to believe the information <br /> can be used to identify the individual. <br /> e. "Protected Health Information" or "PHI" means Individually Identifiable Health <br /> Information that is transmitted by electronic media; maintained in any medium described in the <br /> definition of the term electronic media in the HIPAA Regulations; or transmitted or maintained in <br /> any other form or medium. Protected Health Information excludes Individually Identifiable <br /> Health Information in educational records covered by the Family Educational Right and Privacy <br /> Act,as amended,20 U.S.C. § 1232g,and records described at 20 U.S.C. § 1232g(a)(4)(B)(iv). <br /> f."Data Aggregation"means,with respect to PHI created or received by a Business Associate in <br /> its capacity as the Business Associate of a Covered Entity, the combining of such PHI by the <br /> Business Associate with the PHI received by the Business Associate in its capacity as a Business <br /> Associate of another covered entity,to permit data analyses that relate to the health care operations <br /> of the respective covered entities. <br /> 2. Status of Parties. Business Associate hereby acknowledges and agrees the Covered Entity is a <br /> covered entity as defined under the HIPAA Regulations and that Business Associate is a business <br /> associate as defined under the HIPAA Regulations. <br /> 3. Permitted Uses and Disclosures. <br /> a. Performance of Services. Business Associate may use and disclose PHI received from, or <br /> created or received on behalf of, Covered Entity only in connection with the performance of the <br /> services contracted for in the agreement between Business Associate and Covered Entity dated <br /> August 29,2005 ("the Underlying Agreement"). <br /> b. Proper Management and Administration. Business Associate may use PHI received by <br /> Business Associate in its capacity as Business Associate of Covered Entity for the proper <br /> management and administration of Business Associate in connection with the performance of <br /> services in the Underlying Agreement and as permitted by this Agreement. Business Associate <br /> may disclose Covered Entity's PHI for such proper management and administration of Business <br /> Associate only with the prior consent of Covered Entity. Any such disclosure of PHI shall only be <br /> made if a Business Associate obtains reasonable assurances from the person to whom the PHI is <br /> disclosed that: (1) the PHI will be held confidentially and used or further disclosed only as <br /> Page 15 <br />