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Contract #68-2012 <br />• Southern Home Care Services, Inc. <br />ATTACHMENT I <br />-_ -BUSINESS ASSOCIATE AL?DENDUIVI _ __ ___-_ ____- <br />• <br />C7 <br />Orange County Department of Social Services and Orange County Department on Aging <br />This Agreement is made effective the ~ day of ~~ 2008, by and <br />Coun "Covered Enti and Southern. H~e Care Services, Inc., DBA <br />between Orange ty ( ty ) <br />ResCare HomeCare (`Business Associate") (collectively the "Parties"). <br />1. BACKGROUND <br />a. Covered Entity and Business Associate are parties to a contract entitled #68-2012 (the <br />"Contract"), whereby Business Associate agrees to perform certain services for or on <br />behalf of Covered Entity. <br />b. Covered Entity is an organizational unit of Orange County (the "County") that has been <br />designated in whole or in part by the County as a health care component for purposes of <br />the HIPAA Privacy Rule. <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 Contract with the <br />intention of complying with the HIPAA Privacy Rule provision that a covered entity may <br />disclose protected health information to a business associate, and may allow a business <br />associate to create or receive protected heath information on its behalf, if the covered <br />entity obtains satisfactory assurances that the business associate will appropriately <br />safeguard the information. <br />2. DEFINITIONS <br />Unless some other meaning is clearly indicated by the context, the following terms shall have the <br />following meaning in this Agreement: <br />a. "HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, <br />of the federal Health Insurance Portability and Accountability Act of 1996, Public Law <br />104-191. <br />b. "Individual" shall have the same meaning as the term "individual" in 45 CFR160.103 and <br />shall include a person who qualifies as a personal representative in accordance with 45 <br />CFR 164.502(g). <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 <br />health information" in 45 CFR 160.103, limited to the information created or received by <br />Business Associate from or on behalf of Covered Entity. <br />e. "Required By Law" shall have the same meaning as the term "required by law" in 45 <br />CFR 164.103. <br />Contract-HIPAA (06/04) <br />Page I of 4 <br />