Orange County NC Website
Browse       Search
Consolidamd Agrecmem -Final <br />NORTH CAROLINA <br />DEPARTMENT OF HEALTH AND HI7MAN SERVICES <br />BUSINESS ASSOCIATE ADDENDUM <br />TO CONSOLIDATED AGREEMENT <br />i~ <br />This Agreement is made effective the first day of July, 2005, by and between the Division of Public Health and <br />(name of local health department) ("Covered Entity") <br />(collectively the "Parties"). <br />BACKGROUND <br />a. Covered Entity and Business Associate are parties to a Consolidated Agreement and Agreement Addenda <br />(CAAA), whereby Business Associate agrees to perform certain services for or on behalf of Covered Entity. <br />b. Business Associate is an organizational unit of the North Carolina Department of Health and Human Services <br />(the "Department"), Covered Entity is a governmental entity, <br />c. The relationship between Covered Entity and Business Associate is such that the Parties believe Business <br />Associate is or may be a "business associate" within the meaning of the HIPAA Privacy Rule. <br />d. The Parties enter into this Business Associate Addendum to the CAAA with the intention of complying with <br />the HIF'AA Privacy Rule provision that a covered entity may disclose protected health information to a business <br />associate, and may allow a business associate to create or receive protected health information on its behalf; <br />if the covered entity obtains satisfactory assurances that the business associate will appropriately safeguard the <br />information.. <br />2, DEFINTTIONS <br />Unless otherwise clearly indicated by the context, the following teens shall have the following meaning in this <br />Agreement: <br />a.. "HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, of the federal Health <br />Insurance Portability and Accountability Act of 1996, Public Law 104-191. <br />b, "individual" shall have the same meaning as the term "individual" in 45 CFR 164.501 and shall include a <br />person who qualifies as a personal representative in accordance with 45 CFR 164.502(8). <br />c, "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR <br />part 160 and part 164, subparts A and E. <br />d. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 <br />CFR 164.501, limited to the information created or received by Business Associate from or on behalf of <br />Covered Entity. <br />e. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR 164.501, <br />f.. "Secretar}~' shall mean the Secretary of the United States Department of Health and Human Services or his/her <br />designee. <br />g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning as those terms have <br />in the Privacy Rule. <br />