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133 <br /> A. Business Associate Addendum <br /> THIS ADDENDUM is made this day of Click or tap here to enter text., 20Click or <br /> t_p here to enter text. to a contractual arrangement between the parties ("Agreement"). <br /> WHEREAS Orange County is itself a Covered Entity, as that term is defined in HIPAA <br /> and will be referred to as "Covered Entity"; and <br /> WHEREAS, Click or tap here to enter text. is, or may be, a Business Associate of <br /> Covered Entity and will be referred to as "Business Associate"; and <br /> WHEREAS, Business Associate performs certain services on behalf of or for Covered <br /> Entity that require the exchange of information about patients that is protected by the Health <br /> Insurance Portability and Accountability Act of 1996, as amended, and the Privacy, Security, <br /> Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164 (collectively <br /> "HIPAA"). <br /> NOW, THEREFORE, the parties to the Agreement are entering into this Addendum to <br /> establish the responsibilities of both parties regarding HIPAA-covered information and to bring <br /> the Agreement into compliance with HIPAA. <br /> I. DEFINITIONS <br /> Except as otherwise defined herein, terms used in this Addendum shall have the same meaning <br /> as the terms are defined in HIPAA. <br /> II. OBLIGATIONS OF BUSINESS ASSOCIATE <br /> To comply with the Privacy, Security, and Breach Notification obligations imposed by HIPAA, <br /> Business Associate agrees to: <br /> A. Privacy and Security Obligations: <br /> 1. Not use nor disclose information other than as permitted or required by the <br /> Agreement, this Addendum or as required by law. <br /> 2. Use appropriate safeguards to prevent use or disclosure of the information other than <br /> as provided for by the Agreement and this Addendum. <br /> 3. Comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI (protected <br /> health information) to prevent use or disclosure of PHI other than as provided for by <br /> the Agreement. <br /> 4. Report to Covered Entity any use or disclosure of the information not provided for by <br /> the Agreement of which Business Associate becomes aware, including breaches of <br /> Unsecured PHI as required by 45 CFR 164.410. <br /> 5. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure <br /> that any agents or subcontractors that create, receive, maintain, or transmit PHI on <br /> behalf of Business Associate agree, in writing, to the same restrictions, conditions, <br /> and requirements that apply to Business Associate with respect to such information. <br /> 1 <br />