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DHHS Effective 8/1/13 1 <br /> <br /> <br /> <br />BUSINESS ASSOCIATE ADDENDUM <br /> <br />This Agreement is made effective the 17th day of October, 2017, by and between El Futuro <br />(“Covered Entity”) and Boomerang, (“Business Associate”) (collectively the “Parties”). <br />1. BACKGROUND <br />a. Covered Entity and Business Associate are parties to a contract entitled Master <br />Data-Sharing Agreement (the “Contract”), whereby Business Associate agrees to <br />perform certain services for or on behalf of Covered Entity. <br />b. Covered Entity is a non-profit organization that provides a health care component <br />for the purposes of the HIPAA Privacy Rule. <br />c. The relationship between Covered Entity and Business Associate is such that the <br />Parties believe Business Associate is or may be a “business associate” within the <br />meaning of the HIPAA Privacy Rule. <br />d. The Parties enter into this Business Associate Addendum to the Contract with the <br />intention of complying with the HIPAA Privacy Rule provision that a covered entity <br />may disclose protected health information to a business associate, and may allow a <br />business associate to create or receive protected heath information on its behalf, if <br />the covered entity obtains satisfactory assurances that the business associate will <br />appropriately safeguard the information. <br />2. DEFINITIONS <br />Unless some other meaning is clearly indicated by the context, the following terms shall <br />have the following meaning in this Agreement: <br />a. “Electronic Protected Health Information” shall have the same meaning as the term <br />“electronic protected health information” in 45 C.F.R. § 160.103. <br />b. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through <br />264, of the federal Health Insurance Portability and Accountability Act of 1996, <br />Public Law 104-191, as modified and amended by the Health Information <br />Technology for Economic and Clinical Health (“HITECH”) Act, Title XIII of Division <br />A and Title IV of Division B of the American Recovery and Reinvestment Act of <br />2009, Public Law 111-5. <br />c. “Individual” shall have the same meaning as the term “individual” in 45 C.F.R. § <br />160.103 and shall include a person who qualifies as a personal representative in <br />accordance with 45 C.F.R. § 164.502(g). <br />d. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable <br />Health Information at 45 C.F.R. Part 160 and Part 164. <br />e. “Protected Health Information” shall have the same meaning as the term “protected <br />health information” in 45 C.F.R. § 160.103, limited to the information created or <br />received by Business Associate from or on behalf of Covered Entity. <br />f. “Required By Law” shall have the same meaning as the term “required by law” in 45 <br />C.F.R. § 164.103. <br />g. “Secretary” shall mean the Secretary of the United States Department of Health and <br />Human Services or the person to whom the authority involved has been delegated. <br />h. Unless otherwise defined in this Agreement, terms used herein shall have the same <br />meaning as those terms have in the Privacy Rule. <br />3. OBLIGATIONS OF BUSINESS ASSOCIATE <br />DocuSign Envelope ID: 8B725964-9EE7-429A-93FB-E9FFC90E89FB