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ao <br />Consolidated Ageement -Final <br />NORTH CAROLINA <br />DEPARTMENT OF HEALTH AND HUMAN SERVICES <br />BUSINESS ASSOCIATE ADDENDUM <br />TO CONSOLIDATED AGREEMENT <br />Page 18 of 21 <br />This Agreement is made effective the first day of January, 2003, by and between the Division of <br />Public Health and (name of local health <br />department) ("Covered Entity") (collectively the "Parties"). <br />1. BACKGROUND <br />a. Covered Entity and Business Associate are parties to a Consolidated Agreement and <br />Agreement Addenda (CAAA), whereby Business Associate agrees to perform certain <br />services for or on behalf of Covered Entity. <br />b. Business Associate is an organizational unit of the North Carolina Department of Health and <br />Human Services (the "Department"). Covered Entity is a governmental entity. <br />c. The relationship between Covered Entity and Business Associate is such that the Parties <br />believe Business Associate is or may be a "business associate" within the meaning of the <br />HIPAA Privacy Rule. <br />d. The Parties enter into this Business Associate Addendum to the CAAA with the intention <br />of complying with the HIPAA Privacy Rule provision that a covered entity may disclose <br />protected health information to a business associate, and may allow a business associate to <br />create or receive protected health information on its behalf, if the covered entity obtains <br />satisfactory assurances that the business associate will appropriately safeguard the <br />information. <br />2. DEFINITIONS <br />Unless otherwise clearly indicated by the context, the following terms shall have the following <br />meaning in this Agreement: <br />a. "HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, of <br />the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104- <br />191. <br />b. "Individual" shall have the same meaning as the term "individual" in 45 CFR 164. 501 and <br />shall include a person who qualifies as a personal representative in accordance with 45 CFR <br />164.502(8). <br />c. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health <br />Information at 45 CFR part 160 and part 164, subparts A and E. <br />d. "Protected Health Information" shall have the same meaning as the term "protected health <br />information" in 45 CFR 164. 501, limited to the information created or received by Business <br />Associate from or on behalf of Covered Entity. <br />