Orange County NC Website
DocuSign Envelope ID: 97E04238- A5D4- 41EE- ACB6- DDF028BB5823 <br />DocuSign Envelope ID: DB015BA0- 1139 -48CD- 8576- 549C07AE1795 <br />Exhibit C <br />BUSINESS ASSOCIATE AGREEMENT <br />This Business Associate Agreement ( "Agreement ") is made effective the first day of October, <br />2015, by and between Orange County Government by and through the Orange County Health Department <br />( "Covered Entity "), and Starpoint Global Services, ( "Business Associate "). Covered Entity and Business <br />Associate may be referred herein individually as a "Party" or collectively as the "Parties ". This <br />Agreement supersedes any previously executed Business Associate Agreement between the Parties. <br />WITNESSETH: <br />WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and <br />Accountability Act of 1996 ( "HIPAA "), Public Law 104 -191, as modified by the Health Information <br />Technology for Economic and Clinical Health Act ( "HITECH "), Public Law 111 -5, ]mown as "the <br />Administrative Simplification provisions," direct the Department of Health and Human Services to <br />develop standards to protect the security, confidentiality and integrity of health information; and <br />WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health <br />and Human Services ( "Secretary ") has issued regulations modifying the Privacy, Security, Breach <br />Notification, and Enforcement Rules at 45 CFR Parts 160 and 164, as the same may be amended from <br />time to time (the " HIPAA Security and Privacy Rule "); and <br />WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business <br />Associate will provide certain services to Covered Entity, and, pursuant to such arrangements, Business <br />Associate may be considered a "Business Associate" of Covered Entity as defined in the HIPAA Security <br />and Privacy Rule (the agreement evidencing such arrangement is detailed below and hereinafter referred <br />to as the "Service Agreement(s) "); 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 Service <br />Agreement, compliance with the HIPAA Security and Privacy Rule, and other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the <br />provisions of this Agreement in order to address the requirements of the HIPAA Security and Privacy <br />Rule and to protect the interests of both Parties. <br />DEFINITIONS <br />(a) Service Agreement. Agreement(s) for services affected by this HIPAA Business <br />Associate Agreement, which this Business Associate Agreement shall be attached to, and is (are) hereby <br />incorporated by reference, and which shall be taken and considered as a part of this document the same as <br />if fully set out herein: <br />Starpoint Global Services Medical Scanning <br />(b) Catch -all Provision. Except as otherwise defined herein, any and all capitalized terms in <br />this Agreement shall have the definitions set forth in the HIPAA Security and Privacy Rule, 45 CFR Parts <br />160 and 164, subparts A and E. In the event of an inconsistency between the provisions of this Agreement <br />and mandatory provisions of the HIPAA Security and Privacy Rule, as amended, the HIPAA Security and <br />Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the <br />HIPAA Security and Privacy Rule, but are nonetheless permitted by the HIPAA Security and Privacy <br />Rule, the provisions of this Agreement shall control. <br />October 2013 <br />