2014-396 DSS - Senior Care of Orange County, Inc. to provide Adult Day Health Services to DSS Clients $20,000

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Contract Name: SeniwKanwwf Orange County,Inc. Contract No.68-204 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (^Agxoenneot") ia made effective the ldavof July, 2O]4, bv and between Orange County Government through its [baog: County Department of Social 8er/oes(^^CoverejEotdv^,), and Senior Care ofOrange County, Ioo., (^�Buu6ncmoAommuiato`). Covered Entity and Business /\m000iatc may be referred bcccbo individually as u ^Purtv^, or collectively as the ^^pmttca". This Agreement supersedes any previously executed Business Associate Agreement between the Parties. WITNE8BETH: WHEREAS, 8eotkoum 261 dunouh 264 of the federal 8cu}tb Insurance Portability and Accountability Act ofl44h (^18lPAA`), Public Law 184-191, uazuodificdbv the Health Information Technology for E00000do and Clinical Health Act (^HlTEC}{`), Public Law 111-5, known as "the Administrative Simplification proviuionu,,, direct the Department of Health and Bomnao Services to develop standards to protect the security,voofidonda1bvand integrity uf health information;and WHEREAS, pozmuuot to the Administrative Simplification provisions, the Secretary of Bcubb and Human Services ("Secretary") has issued os@plad000 modifying the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CF8LParts 160 and 104, as the ounuc may be amended from time ho time(the^HlPAA Security and Privacy Rule");and WHEREAS, the Parties vvimb to enter into or have entered into an urraoQcmucot vvbem:bv Bumiocam Associate will provide certain services to Covered Entity, and, pursuant to such arrangements, Bumiocoo Associate may be considered a"Business Associate"of Covered Entity as defined in the HIPAA Security and Privacy Role (the agreement evidencing such arrangement is detailed below and hereinafter referred to ay the"Service Agreement(s)");and WHEREAS, Business Associate may have access to Protected Health Information (as defiuedbelow) iu bdfiUin8its responsibilities under such arrangement; THEREFORE, in consideration of the Parties' continuing obligations under the Service Agreement, ! compliance with theRKPAA Security and Privacy Rule, and other good and valuable consideration, the receipt and sufficiency of which is hco:tw acknowledged, the Parties agree to the provisions of this Agreement iuorder to address the requirements of theBlPAA Security and Privacy Rule and to protect the interests of both Parties. L DEFINITIONS (n) Service Agreement. Agreement(s) for mcrvioco affected by this BlPAA Boniocsu Associate Agreement, which this Business Associate Agreement shall be attached to, and iu (orc) hereby incorporated bv reference,and which shall be taken and considered aum part of this document the same eo iy fully set out herein: Contract#68-2014 (b) Catch-all Provision. Except as otherwise defined herein, any and all capitalized terms in this Agreement shall have the definitions set forth in the HIPAA Security and Privacy Rule,45 CFR Parts 160 and 164,subparts A and E. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Security and Privacy Rule,as amended,the HIPAA Security and Moy 2014